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^4^ J^a^^C^^^^^ ,
TREATISE
Beneficiary Matters:
HISTORY
Of Ecclesiastical
Benefices and Revenues,
In which are fet forth their Rife and Progrefs,
and the Various Means by which they have
accrued to the C h u r c h.
— ,V <£>
By Father P a u'l^J^/ ^hc Order of the
Servites, and Confultcr of State to the
Re^ublkk of Venice.
Tranflated from the moft CorreO: Copy in
Italian extant^ printed at Miranddaj 1676.
To which are added Notes and Ohfervations ; moll
of which were collected by M. Amelot de
LA H o u s s A ! E ^ which ferve as authentick Con-
futations of the Calumnies Ipread againil the
Author.
Vv^ E S T M I N S T E R:
Priritecl bv J. C/aer and J. Ca??rpl^ell-j for L. Stokoe, at
the Bible and Key^ near Ovtntiy^Ourt, in the liaf^Marlet :
And fold bv the Bookiellers oi^Lofidcn 2npiV/^fi,vurJhr. 1727.
Vi
-./ufijni.folv'' ^1 bnoysd -10 .'ijbf). ziAij no *i3;3g1 ^^
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IN tfife Preface of the i>e»c^ Traonator Page t. litter t?. for
kvihread Events, p. 28, 1. 5. dele ignorant, p. 64. 1. ult. after
nor add were. p. 6«5. 1. 3. before finding add thife,. p. 68. 1. 2, dele
by, p. 10 1. 1.9. for Regale r. Regalia, p. 130. 1. lO.for 0/ rw'».
p. 133. intheNoteSj col, 2.1. 2. for facer ^ctio r,facerdotia* p. 137.
in the Notes, col. i. 1. 9. fornegent uneget. ibid. col. 2, 1. 23.
for were r.was, p. 148. in the Notes, col. 1. 1. 14. for mergeretur
r. mergerentur. p. 158. 1. 4. for Gre^^cry VI. x, Gregory VII. p. 163.
1. 16. at Taxes add the Reference (10). ibid 1. 22. after ;y add in
//6/V rtf/e. p. i75»intheNotes5 col.. 2. 1.13. tor OJjiciates r,Offi'
dales, p. 180. in the Notes, col. i. 1. 10. after State add are ta
Se corre^ed. p. 201. in the Notes, col. i. 1. 5. after /?/i7^ew add
quacunq\generatzone, p. 207. in the Notes, col. 2. 1. penult, for
exewptis r. exewis, p.2 14. in ttie Notes, col. 1. 1. 18. dele he^ade.
p. 220. 1. 19. dele laudable, ibid. 1, 26. i'orjlje r. it. p. 227, in the
Notes, col. 1, 1. 3 1, for veneantur r.^ereantur, ibid, col, 2. 1. 12.
iornctiam r.nctitiaw. p. 230. 1. 27. for net r.nc, ibid. 1 28. for
the r. this, p. 235. in the Notes, col. i. 1. 7. after ^/ add a.
p. 239, 1. 9. for uniti^.mti.
■^0
XVll
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The Frevch Tranflator's
DEDICATION
TO
Mr. ie T E L L I E R,
Chancelor o^ France.
My Lord,
M O N G all the Books
which have been dedica-
ted to yoU;, I know none
which can difpute the
Merit with this Treatife of Benefi-
ciary Matters. All the Learned;, vAio
a have
xviii The French Dedication,
have read it in the original Italian^
agree, That it is in nothing infe--
rior to the celebrated Hiftory of the
Council of Trent y but in the Size :
And there are even many of the moft
approved Judges^ v^ho make no Scruple
to give even the Preference to this.
This has made me prefume it a
I^refent worthy of 3^ou^ as the Perfon^^
of all others;, the moft capable of judg-
ing of its true Merit : And my Friends
have defir'd I w^ould not let it go into
the World w^ithout feeking fuch a Pro-
tection as would both be the greateft
Honour, that could be procured, to
the Memory of Tad.Taoloy and one
of the moft effeftual Means to remove
the Prejudices againft him-
But
The French Dedication, xix
Bu T as the greateft Number of Cri-
ticks are not exempt from the Exercife
of that Talent on themfelves^ and
that of the feveral Verfioris which have
been made of this Treatife within ie-
ven or eight Years-, there has not one
yet appeared in Pubhck;> I thought I
mighty with Reafon, dechne feeking
the Approbation of the College ; of
which no Writing has any Need w^hich
is fupported by that of all tfj^ Parlia-
ments^ and of all the moft reiin'd Wits
of the Kingdom.
There is nothhig hiore to" be de-
iir'd, my Lord^, but your Protedlion^
and which if you continue tt) afford^
as you have already been pleas'd to do
to the Tranllation of the Council of
a 2 Trent.
XX The French Dedication.
Trent J no other Patronage or Support
will ever be wanting.
In publica Commoda pecccm
fi longo Sermoce morer tua
tempora, ^e.
Tour L0R7)S HIT'S
Mofl Humble J and
Obedient Servanty
Ameiot de la Houssay.
PRE-
PREFACE
Of the French Tranflator.
INCE the Trcatifc of
Benefices firfl a^^eard in
Italian;, ^written by Pad.
Paokj there has been a
general E>!£eBation of a
Tranflation of it into French ; and I was
rather led into the E>:^eclation of its op-
Rearing ere long^ from the Report f^read
among the Men of Letter s^ That there
'were five or fi>< Tranjlations "uohich ^were^
or "would be printed in different Places.
This furnlfid^d mcy for fome Time^ with
an Aniwcr to the Imj)ortunity of fome
Friends^ that I would undertake this
JVorky and tndulgd my own Inclination in
not interfering ^with other JVriters,
But at lajl^ through a certain Fatality
in writings as in other Evils of Life to
"which a Man is fatedj it has come to
J^afsj that the fame Reafon which I firfl
gave for my Escufe^ has brought me to
comply with their ^eftres : So I fiball
a ^ have
'KXii The French Preface.
have thofe for Readers^ ^who I hoti^d
'wmld have been tVriters themjelveSy and
am J ferha^s^ aljo to undergo the Cenfures
of thoje^ whofe IVritings 1 doubt not but
1 Jhould have had in very jujl Ejieem. For
the Excellency and Importance of the Subr
jed wtU not Juffer me to doubt ^ that the
Tranjlation has been undertaken by Men of
very fmtable Abilities j whofe A^poba^
tion Ts of that Authority^ as to have gi^
ven fuch a Refutation to this Undcrtaluno^
ihat my ovun Wijkes cozdd not have fug--
geficd a better Fortune to attend it.
As to my Author y there is no 7ued of
■frying any thing here^ cither as to his Ter^
fon or his Writings ^ the World is fo ^weU
infor77id of them both. I Jhall only fay ^
That having had three Cardinals y of th$
greatcft Characters for Learnings his Ad-
verjaries during hu Ltfcy and a fourth
after his 'Death j he had the Honour ho'W^
ever to be acknowledged for the bcfl Wri-
ter of his Age : And if I mifiakenot^ a%
'well as many others^ this Treatife ^wiii
not be thought to contradtSl this Opnion^
I have divided the whole into 5 z^. Cha^^.
ters or ArnideSy for the Eafe of thofe zvbo
are
The French Vreface. xxiii
(ire not a^t to overcharge themfclves isuith
reading much at a time^ and the better to
trace out the Order and Conjequence of the
feveral Headsy "which all dejewe to be
read "with the flriclejl Attention.
As for my oison Notes and Obfervati^
onsj I flatter my jelfisutth the favourable
Recepion they ^wiU meet zmth from the
^ubhck ; fuch a Rece^tion^ I mean^ as
is due to Truth ; feeing they contain a I'^e-
rifieation of all the Fa8s "which Pad.
Paolo relates J and ^which ferve as authen-^
tick "Proofs of bis Integrity^ and of his
having ajjerted nothing for which he has
not fujficient J^ouchers.
W^hen we look into the Hijiories of
Matth. Paris^ Platina^ Panvinius^ and
Baronius^ and find what is there recorded
of Jome To^esy Pad. Paolo^ whom the
Cardinal Pallavicino woud maize ^afs for
an tmpous Impojlurey and for one njoho
makes it bis "Profejfion to vilify all To^eSy
"will be allow d to ex^refs himfelf zvith
great Modejly of fome of them^ and par ^
iicularly Innocent IV. whom all the Wru
ters^ both ancient and modern ^ defribe as
(]j roaring Lion^ who fought nothing but
xxiv The French Preface.
ho'w to devour all the Benefices that came
n^ithin hu Reach,
And when we read that St. Thomas,
the Cardinal Cajetan his Commentator^
qsoith many other great divines and La'W"
yers^ determine "with Jo much Clearnejs^
that the To^e is not the Tro^rietor of the
Goods of the Churchy but only the ^rinci^
^al ^ijpnfer of them^ Pad. Paolo muft
aljo be allow d not to have embraced this
Opmon from any Motive of Hatred to
the To^>eSy but from a Senfe of its being
conjormaUe to the ^oBrine of the Fathers
d?id the J acred Canons.
In fine^ whoever will read what Mat,
Paris^ the Monh^ writes of the famous
Robert, Bijlwp of Lincoln, and of fe^
veral Archbifoop of York, 'who were
cruely treated by the Tops Innocent IV.
Wfl? Alexander IV. will (^)fnd very near
Refemblance betwixt the Terfecutions
raised againft theje t%m Bifhop^ and that
by Top Paul V. againfi Pad. Paolo, z<Dh9
defended y very near^ the fame Caufe.
(l) See the Notes on C^ap. 3<.
Note, 1 hat in the F?ialrjh Tranllation the Method of the
Bcfic6 TranOation in the J^ivifion of Cliapters is obfeiyM, there
be.ng no other Variation from the Italia?i,
An
An Advertisement,
concerning a Book^ intitledy The Hi-
ftory of the Original and Progrefs
of the Eccleliaftical Revenues;, by
^erom a Cafta.
AS there is a great Relation let^wist
this Book and the Trcatife of Ben-
pees "wrote ^jPad^Paola, an able La^wyer
<who has com^ar^d one ^ith the other ^ has
made a Judgment oj them^ which 1 have
thought well dejcYvd a Tlace here for the
Infirui^ion of Readers who have not read
them both J or who are not abky by any
Lights of their own J to determine to whom
the Preference is due.
The Author of the Republick of Let-
ters feems to give the Preference to a Gofta,
in concludino- in thcfe Terms : It is be-
liev d that this Book furpaffeth the ex-
cellent Treatile of Tad. Taolo^ concer-
ning Beneficiary Matters. Artie 5. of
the Month of M^y^ 1684.
Our Lawyer y on the other fide^ fcts na
Value on the Book of a Cofta : The Hi-
ftory, faith hc^ of the Original and
Progrefs
xxvi Adertijement.
Progrefs of Ecclefiaftical Revenues by
^cram a Cofla^ is no more than a Re-
petition of all that hath been faid in
theTreatife of Benefices by Tad, Taoloy
tho' "ferom a Cofia pretends it is a Supple-
ment, It is true indeed;, that he fpeaks
of the Original of private Maffes^, and
of the Privileges call'd the Monarchy
of Sicily y of which Tad, Taola makes
but juft mention ^ but thefe Particu-
lars^ with fome others which he
handles^, make not much to the Pur^
pofe : Befides that he draws his Proofs
often from a Cartulary only of fome
particular Monaftery^ from which no
general Concluficn can be made.
So that thofe Vv^ho have read the
Treatife of Father Taid will find no-
thing new or differing from this of
ci Cofia^ except only a great deal of
Confufion : For it is a Work fo ill
digefted^ that the chief Thing which
the Author feems to have proposed to
himlelf has been, to deftroy all the
admirable Method which the other
hath throughout obferv'd with fo much
Exad-neis.
XXVll
CONTENTS
Of the Chapters.
'THE Introduaion and Deflgn of the Author.
p-^>ge xlv.
CHAP. I. . fagc I.
. Jesus Christ tCvichet'h his Church the Man-
ner of policfllng and aJminftring her Temporals.
2. Judas his Abufc of the Alms he liad to diftri-
butc. 3. He fells his Mailer, and after infli^ls his
own Puniihment gn himfelf
■■ ♦
CHAT. II. fnge 3.
. The Goods in Common in the Church of JerU"
[alem, 2. The perfe^ Difmtereftednefs of the firil
Chriftians. "3. The lii'ft Change which happened
in the Government of this Church. ^. The
Sunday Oiierings.
CHAT, III. f^ige 5.
. The Apoftles dilcharge themfelves of the Charge,
ofdiftributing the Alms. 2. Inftitute other Of-
ficers calfd Deacons, w^ho take upon them the
Charge. 3. The Minifters of the Church cho»
ikn by all the AfTcmbly of the Faithful. 4. Main-
tain d
xxviii CONTENTS.
tain'd out of the fame Alms with the Poor.
5. The rich Churches lent Alms among the poor
ones. 6. The Riches pf the Church of JRome.
7. A Temptation to the Avarice of the Emperors.
8. St. Lawrence prevents Decius, p. The Chiuxh
perfccuted for her Riches.
CHAP, IV. fage^.
I. The Minifters of the Church ceafe to live in
Common. 2. And to be the Diftributers of the
Ahns. 3, G O D punifiieth them with a great
Perfecution. 4. Why the Church in its Inf^cacy
Jiad no immoveable Eftates. 5. Licimus permits
her iirft a Faculty of acquiring.
CHAT. V. page ik
i. At firll the Goods that were given to the Church
xvere not dedicated to any particular Service,
2. Immunities granted tQ the Eccl^fiallicks.
3» Why Princes grant no more.
CHAT. VU page 13,
I. The Eccleiiailicks become too greedy in acq uir-^
ing Eftates. 2. Tiieir Avarice rellrain'd by
Princes. 3. Widov»'s forbid to give or bequeath
immoveable Eftates to the Churchmen. 4. St.
^/i^/v//wdilapproves Gifts made to the Church in
Prejudice of th^ legal Heirs. 5. Wifheth that
the Ecclcfiafticks had no other Eftates than the
Tenths. 6'. Tiie Riches of the Churches of
Aiitioch and Jerufdem^
. CHAT,
CONTENTS. XXIX
CHAT, VII. fage 17.
I . The Bifhops of the Weft begin to abufe the Goods
of the Church. 2. Divilion of thefe Goods into
four Parts. 3. Falfly attributed to Pope SUvefier.
4. The Revenues were divided, but not the Eftates
or Funds which yeilded them. 5. Biihops were
ordain'd by their Metropolitan in Prelence of the
Biihops of the Province. 6, They could not
ordain any Prieft without tlie Agreement of the
the People. 7. Nor choofe a SuccefTor without
the like confent.
CHAT. VIIL fag^iu
I, The Original and Progrels of Monachifhi. 2.Th€
Monks were no more than Laymen. 3. The
Churchmen no longer in the Peoples Favour,
when they ceas'd to live in Common. 4. The
good ufe made by the Monks of the Peoples Alms*
. 5. They chofe their own Abbots,
CHAT. IX. fage 24*
i, Bifliopricks fbllicited and Ibught for. 2. Princes
begin to medle in Election of Bii^lOps for Rea-
Ibns of State. 3. The Em.peror's Connmiatioa
necefTary to the Confec ration of the Pope and
Biihops. 4. Tne Kings of France become ablb-
lute Collators of all th^ Biiliopricks. 5. The Bi-
ihops exclude the People from tlie Eleftion of
Priefts, Deacons, and other Minifters of th^
Church. 6. The Biihops becoming Civil Judges
neglect to teach the Dodrine of G hri s t. 7. And
in Ibme Places defraud the Fabrick of the Church
and the Poor of their Shares. 8. Every Eccle-
fiaftick begins to have his leperate Share, p. Yet
the-
kxx CONTENTS.
the Eftates and Funds continue united, and ma-
nag'd liill by the Deacons and Sub-deacons.
to. The Church Eftates call'd Patrimonies.
1 1 Every Church calFd her Patrimony by the
i;[ame of her Patron. 12. The Church Eflates
paid Tribute to the Prince.
CHAT. X. fage 32.
I. The Cathedral an Acknowledgment paid by the
Curates to the Bilhops. 2. The Eflates and
Funds divided. 3. Atter the Divifion catl'd Be-
nefices. 4. In France the Majors of the Palace
aliume the Right of choofing the Abbots. 5. The
Monks withdrawn from the Jurildiftion of the
Biihops.
C hi A F. XL ^dge 35.
i. The Biiliops and Abbots of Frante polTefs them-
ielves of all the Ecclefiaftical Efhites to equip-
themfelves for the Vv'ars. 2. The Original of
Tythes. 3. Pretealions and Claims of Curates.
CHAP. XII. page 3B.
I. hi July no Prieft was ordain'd without Ibme
particular Miniftry in the Church afflgn'd Iiim.
2. The Original of Cardinals. 3.. At lirft infe-'
rior to Bifhops. 4. Imwccm iVrth.^ firft Pope
who diftinguiili'd them by any Marks of Ho-
nour.
C H A P. XIII, , page 42
I . Ecclefiailicks without Office or Benefice. 2. The
Biihops who ordain'd them oblig'd to maintain
them.
CONTENTS, xxxi
tliem. 3. The Cauie of the Eiicreaie of thele
Ecdeliafticks. 4. The People's Relped leiien d
towards the Church.
CHAP. XlVo M^^^
f; Titular Bilhops. 2. The Pope always ailigns
them fome Benefices. 3. Whether the Pope cati
ordain Biihops without any Title, true or falfe.
4, The Abtile of Non-refidcnce Iprung from or-
daining without Title or Office.
CHAP. XV. p^ge^6,
I, The Eccleflaftical Reformation wrought by
tharlematgn, 2. Ill obierv'd after liis Death.
3. The Pope did not aft as fuch tiU he receiv'd
the Emperor's Confirmation. 4. NicheUs 11. or-
dain'd the contrary. 5. The Pope doth not
date from the firft Year of his Poncificate, until
he be crown'd. 6. Whether iht Pops have the
Pontifical Authority before his Confecration.
7. Whether there ought to be reckcn'd ten Sic-
fhcas for Popes or only nine.
CHAP, XVI. p^.ge 52.
I., The firft Government of the Church wtis de-
mocratical. 2. The Provincial Synods were held
twice every Year. 3. The Church Conhllory
which was held every Day. 4. TheEpilCopai Con-
fillory compos'd of Canons of every Cathedral
Church.
CHAP, XVII. p-^^f 55'
t. The Biihops imploy'd by the Princes in Stare
Affairs, and in Ciril Government. 2. From
whence
xxxii CO NT E I^T S.
whence hath proceeded the Eccleiiaftical Jurlf-
diftion.
C HA P. XVIIL page 55
I. The Eccleliaftical Statutes of Charlemalgn ne-
glefted. 2. The Pope and the other Biihops of
Italy take care to get themfelves confirni'd by the
Emperor* 3. The Papacy is a Benefice Cwith a
Witneis] 4. Formerly all Biiliops were call'd
Popes and Summl Pomifices. 5. Gregory VII. took
from the Biihops the Name of Pope.
CHAP. XIX. p^e 59*
r. The Invention of the Contract call'd Precaria m
Franee increased exceflively the Temporals of the
Churches. 2. Deteftable Popes. 3. Prophane
Biihops. 4. Canons and Laws of the Church
lacrific'd to Avarice.
CHAP. XX. f^ge6<^.
I . Tiic Excommunications employ'd by the Biiliops
to defend or recover their Temporals. 2. Ter-
ribly apprehended by thofe guilty of the mofl
enormous Crimes. 3. Numbers of People make
themfelves Feudatories of the Church, to defend
their Eflates from the Rapacioitlhefs of the great
Men.
CHAP, XXl. page 66.
I. Whether the Ecclefiaftical Goods be poiTefs'd by
Divine or Humane Right. 2. Whether the
Tyches be of Divine Right. 3' Whether the
" " " Tenth
COJSttBNtS. xxxiii
Tenth of Labour, Trade, &b. be due from Se-
culars to the Eccleliafticks. 4. Whether Be-
nefices be of Divine Right, or poiitive. 5. Who
is the Proprietor of the Ecclefiaflical Goods,
the Pope, or the Church.
CHAP. xxn.
fage 79.
I.' The frequent Changes of the Princes in Italy thQ
Caufe of great Diforders in the Affairs of the
Church. ^ 2. Pope "John XII. depps'd by the Em-
peror. 3. The People of Rome give up their
Right of creating the Pope. 4. Divers Popes
cholen tumultuoufly. 5. The three Of/;^?'?, Em-
perors, gave the Inveilitures of the Bifliopricks
and Abbics; 6". Their SucceiTors nominated aUb
to the other Benefices. 7. The People of Rome
recover again for a time the VAz^lion of the Popes.
8. The Emperor Henry ill. chaleth 3 Popes away,
who reigned together, and depriveth the People
of the Power of choofmg another. 9. An Ar-
tifice of a Pope to bring back the EJc^Lion to th^
Romans, 10. The larhe Emperor maintains his
Right all along.
C H A p. XXIir. fage 26,
I. This Riglit is weaken'd by a Conftitution of Ni-
' cholas II. 2. The Emperor Hcrjry IV. refufeth to'
confirm a Pope chofen by uiq People of Kon.e,
3. Is cited to Rome on an Accu/aticu of Simony.
4. Gregory VII. forbids him to namie an)^ rtiore to
the Bifliopricks or Abbies. 5. The War betwixt
them; 6. Rehcrt Kinij of Sicily declares for thQ
Pope. 7. The Original of the Right call'd the
Monarch of Sicily, 8. He-nry IV. Emperor, dc^
b' . priv'd
xxxiv CO JSTT E NT S.
priv'd of the Empire by his own Son. 9. Faf-
chal II. refufeth to crown Her7ry V. if he renounce
not the hiveflitures. 10. //ewry makes the Pope
Prifoner. 11, The Agreement betwixt them of
fliort continuance. 12. Henry excommunicated
by three Popes. 13. Renounceth the hivcflitiues.
14. The Judgments made upon this Renunciation.
CHAP, XXIV. p^^rpS.
f. The King of France conflantly preferveth the
Right of nominating to Biihopricks. 2. The
King of England maintaineth the fame Right a-
gainft the Archbiihop of Canterbury. 3. The
Pope at length remaineth Mafter of the Komi-
nations to all the Benefices of this Kingdom.
4. St. Bernard prevails with the Emperor Lotha-
rius to defifl from his Demand of the Inveilitures,
5. The Regale keeps its Ground in France in
Spight of the Popes. 6. The Popes employ
Writers to prove, that the Collations of which
Princes are pofTefs'd are Conceflions from the
Holy See. 7. A Fault in Princes not to oppofe
them. 8. Bcniface VIII. trieth to make the Kino;
of France renounce the Regale. 9. The Preten-
lions of the Popes to a Power of revoking the
ConcelTions of their Predeceffors. 10. The
Means whereby the Popes eluded the Kings Ko-
minations to Benefices. 11. The Prudence of
the Kings of S^ain in not coming to Extre-
mities with the Popes. 1 2. The Chapters clioofc
their Biiliops, and the Monks their Abbots.
C H A ?. XXV. fage 107.
I. The Uftirpations of feveral Biihops upon the
Temporals of Princes. 2. Many Secular Eflates
become Ecclcfiaftick. ' CHAP^
CONTENTS. XXXV
CHAP. XXVL fageioS.
I. The Monks lole the Veneration of the People by
intrn
War
intruding themlelves into tliQ Affairs of State and
CHAT, XXVII. fage 109
I. The Croifades. 2. T)i.e Popes and Biihops make
ufe of them to encreafe their Temporals. 3, The
Military Orders.
CHAT. XXVIII. fage 113.
I. Perfonal Tythes exacted by the Ecclefiafticks.
2. Bulls of the Popes Alexander II. Alexmder III.
and Ccleft'me III. concerning Tythes. 3. The Ca-
nonifts outdo all the PreCenlions of the Bulls.
4. Difference betwixt the Curates and their
Parifhioners. 5. the Bull of Innocent III. to re-
c oncile th em.
CHAP. XXIX. fage i\6.
I Gifts of publick Sinners and infamous Perlbns re-
ceiv'd by the Churchmen in Spight of all the
Prohibitions made by the Canons. 2. The Se-
ditious Dodrine of Baronlus againft the Princes.
3. The bell Popes have been made by the Princes.
C H A P. XXX. ^agew^
I. The Ecclefiafticks have done themfelves Wrong
in making Princes be depriv'd of the Right of
Inveftitures. 2. The Pope difpos'd of no more
Benefices than what belong'd to the Diocefs of
b 2 B.ome.
xxxvi CONTENTS.
Rome, 3. The Complaiirince of the Bifhops for
his Recommendations makes him become Ha-
lf er of moft of the Collations of the other Be-
nefices. 4. The Diocelfes filfd with forreign
Clergy. 5. The Popes take upon them to dif-
pcnfe the Canons witii a Non-abftamibus. 6. Thefe
Abuies detefted by St. Bernard, 7. Expeftatives
granted and revoked by the Pope?, to fqueeze
taoY^ Money out of thofe who obtain'd them.
S. An Invention whereby they drew to them-
feives the Collation of the Biil-iopricks andAbbies.
CHAP. XXXI. fage J 26.
I' The Court of Ro?ne concerns itfelf with the
Eledions made by the Chapters and the Mona-
naiferies. 2. Gregory IX. makes a Pontifical Code
calfd the Decretitis. 3. The Popes have fince
made Regulations, which carry tht Pontifical
Authority yet much higher.
CHAP, XXXIf. pige 128.
I. The great Concourfe of Ecclefiailicks to Pome
liitroduceth the Abule of not rcfiding. 2. Alex-
^n^er III. commands Refidence to Beneficiaries
who have Cures of Souls. 3. In the Primitive
Church ail Benefices obliged to Relidencc, 4. The
evaiive Interpretation or Beneficiwn dmtir froper
Officiur?t, 5, Pope Honorius III. exemp:s from Re-
sidence all who are in the Pope's Serviec. 6, The
Abufe of perpetual Vicaridges.
CHAP. XXXIII. f^ge 133.
•I. The Difiin^lion betwixt Benefices compatible and
incompatible. 2. What are declared by the Ca-
tionifls to be NecciFaries tor the Subfiilance of
■ the
CO N'T E NTS. xxxvii
the Benefieianes. 3. \Vhat to one who is a
, Gentleman. 4. To ^ Biiliop. 5. To a Cardinal.
6. John XXII. apph'es a deceitful Remedy to the
PluraJity of Benehces. 7. Whether the Difpen-
iations of the Popes obtained without lawibl
Gau/e be Y^Yii before GOD.
CHAP. XXXIV. fagc i3p.
I. The Union, its Original, 2. Its Abufp.
C H A r. XXXV. ^^^, 141.
1. The Commendam^ its Original. 2. The Pope h*-
mits the Continuance of jt to fix Months, with-
out fubjefting himfeh to the Rule. 3. At leDG;th
gives a loofe, and confers Commendams for Life.
4. The Canons evaded by the Cowmenda?ns.
5. The Eaftern Church hath not fuffer'd the
Popes to gain Ground upon the Benefices. 6. TJic
Ealtern Church hath olten brought it into dill
pute, whetiier the Pope have a Right to difpofe
the Benefices of otiier Dioceffes. 7. The Clergy
ot England cppofe thele Nominations. 8. The
Chapter of Lyons raiieih the City againft In-no-
cent IV. who would have gircn ibme Canonries
to his Kindred, 9. The Bjihop oi^ Lincoln maJces
Head againft this Pope. 10. Appears to him
afcer his Death. 1 1. The ArchbiJhop of York
oppoies Alexander IV. with the lame Conflancy.
12. Clement IV. makes a Bull, wdiich tends to the
Ufurpation of all the Collations of Benefices in
Chriitendom. 13. St. Lewis King of France^ m
oppofition, publiiheth his excellent Pragmatick.
1 4. His Death, and the Intereii: of the PJoufe of
Anjou hinders the Execution of this Ordinance.
15. Boniface Vlll. inierteth the Bull o^ dement
mto the Decretals. 16. Clement V. purfuant to
"^ 3 this
^xxviii CONTENTS.
this Bull, pretends the Pope is abfolute Proprietor
of all Benefices. 17. The Canonifts hold this
Do^h-ine for an Article of Faith. 18. And en-
deavour to prove that the Chapters have received
thQ Right of Eledion, and the BIfhops that of
conferring the Benefices of their DioceiTes, both
from the Pope. 19. Jnfelm Bifliop of Lucca con-
traaifts them in exprels Terms. 20. There is
Reafon to %, that the Popes fmce Gregory VII,
have put the Churches into Servitude.
CHAP. XXXVI. page 160.
r* The Prohibition to alienate the Goods of the
Church diredly contrary to the Ufage of the
Primitive Church. 2. Temporal Riches have
taught the Biihops to walle and dilTipate, inftead
of cliipenfrng as they ought. 3. Lm;, Emperor
of Conftantinofle^ forbids the Church to alienate.
4 A Vrefc^us Pretorio forbids the lame to the
Church of Pome. 5. The Pope Simmacus faith,
that Seculars have no Right to ordain any thing
in the Churches. 6 Jufiinian the Emperor per-
mits the Goods of the Church to be alienated for
Relief of the Poor, and Redemption of Chriftian
Slaves. 7. In former times the 1 emporals of the
Church were in the fi.fl place employed in Ufe of
the Publick. 8. At tliis Day it is not permitted
to the Churches to alienate, but for an evident
Advantage. 9. Thus the Poor have no more to
hope from the Churchmen.
CHAP. XXXVII. fdge 1^7.
I. The Reiervations. 2. Reftrain'd by Gregory X.
3. A h*t:le enlarged by C/mc/^t V. 4. The 'de-
ceitful Bull of John XXII. 5. Piis Skill in mul-
tiplymg the Provifions of Benefices.
CHAP.
CO NT E NT S. xxxix
CHAP. XXXVIII. fa^^i^o.
The Annates, i. Whether it is permitted to
Princes to receive by way of Ac]<:nowledginent: a
part out of the Benefices^ which they conferr'd,
3. The Annates prejudicial to Princes, and bur-
denfome to private Perfons. 4. Cenflired by goa4
Men as fimonaicaL 5. Defended by others.
(5. Whether the Pope can be guilty of Simony
in the Collation of Benefices. 7. The immenlc
Treafurc of Pope J<?^w XXII. 8. ThQ Cuwdemiumj
A Duty laid by Paul II. 9. Enlarged^by Paul IV.
and SixtusV, 10. Relervations made by Bene-
dict XiL for his Life only. it. Continued by
Clement VI. 12. The King of England oppofeth
the Refervations and the £xpe6latives. 13. In-
nocent VI. revokeththem all. 14. The great A-
bufe of the Indices Exjurgatorid, 1 5. The Reler-
vations aboliih'd by Gregory XI. at the Requeft of
the King of England. 1 6, Two Roman Courts,
both of them fet Benefices to Sale. 17. Vrban VL
difcovers a lecret Intereft, which all his Prede-
ce.ibrs had carefully conceal'd. 18. Benefices
given to the beft Bidder.
CHAP, XXXIX. T^^ei^4,,
, Violent Exactions by the two Cours of Fomc,
2. Germany admits neither Relervations, nor Ex-
pedatives. 3. A Legate fent into Germany to
compound with the Beneficiaries provided by the
Biihops. 4. Oppoled by the Emperor. 5. Three
Popes at one time. 6. "John XXIII. recovereth
the Collation of Benefices in France, 7. Loieth
it in the State of Florence, 8. The Popes Bulls
filfd with inextricable Clauies to eternize the
Procefs and multiply the Annates. 9. As Princes
b 4 reibrm'd
xl CONTENTS.
reform'dthe Abiifes of the Comto^ Eme^ that
Courc brought forth others, by whichihe gains
more than fhe loft.
CHAP, XL, ]iage 189.
I. The Relignations, their Original. 2. Their
Abuie. 3. In which the Court of i?ow<? finds its
Account.
CHAT, XLI. fage 192.
I. The Indulgences. The Sale of them the caufe
of fat Schiim in Germany, 2. The Bull of
Vras V. againlt this Abufe.
C H A P. XLII. fage 194.
The religious Mendicants are allowed to acquire
Eflates. 2. France oppofeth. 3. The Schifhi
cxtinguiili'd by the Depofition of the three Popes,
who reign'd together, x}.. Martin V. their Suc-
celTor refers the Reformation of t\\Q grinding
Taxes upon Benefices to the Council o,f Pavia,
5. France will not own him but on Condition that
the Reiervations and the Expe£latives be abolifh'd.
6. The Parliament of Paris twice deciareth a-
g.iinfl the Pope's Proceedings.
CHAP, XLIII. . fage 197.
, The opening jind clofing the Council of Pavia,
2. The Council of Bafil at length abolilhetn the
RefervationSj the Expedatives, and the Annates.
3. Eugene Vj . difiblv'd this Council, and the
Council chofe another Pope.- 4. France TxwXGer-
many receive its Decrees. The Pragmatick Sanati-
on publiili'd in France,
CHAP.
I.
CONTENTS. xli
C H A P. XLiV. fage 199^
I. Mental Refervations introduced in Italy. 2. And
then abolifh'd. 3. Great Abiife of the Refigna-
tions in favor em.
CHAT, XLV. fage 101.
U The Regrefs and the Accefs. The Original and
Abufe of them. 2. The Pope alone grants the
Faculty of Regrefs^ and Accels. ' 3. The Parlia-
ment of Faris admits neither the one nor the o-
ther.
C H A F, XLVI. fage 204.
I. The Coadjutorfl-iip, its Original. 2. Its Abule.
' 3. The Concordate betwixt Nicholas V. and the
Emperor Fredrick III. 4. Ill oblerv'd in Germany,
5. Ihc Jeluifts oblige the Benehciaries to obferve
it. 6, The Eledio'ns or Collations, which de-
rogate from this Concordate, are annulled at
Fome,
C H A F. XLVII. f age 110.
I. The Pragmatick contefted by Pope Fitis II.
1. revok'd by King LewpsXl. '3. re-eftabiiih''d
three Years after. 4. Attack'd by four other
Popss.
C H A F. XLVIIL page 111.
I. The Concordat of Francis I. with I^eo X. 2. The
Univerhty of Faris makes Oppofition. 3. Why
the Popes have got the Pragmatick to be aboliil-rd.
4. Sulpenfipn of the Concordat under Henry II.
5. The Concordat reformed by the Eftates of
Orleans, 6, Charles IX. fulpends the Execution
of this Reformation in Favour of the Pope.
CHAF.
xlii COMTENTS.
CHAP. XLIX, }ageiis.
I. A Reformation made by the Council of Trent
concerning Benefices. 2. Tiie Council decides
not the Qiieftion about Refidence ibr fear of
wounding the Authority of the Pope* 3- And
is filent as to the Kefervations.
CHAP. L. fa^e 22a.
I. The Pcnfion, its Original. 2. Its Convenien-
cies, or rather its Abuies. 3. Whether it is Si-
mony to extinguifh a Penlion charged on a Bene-
fice, by taking a Sum of Money agreed upon,
4. The Deciv:e of the Council of Trait that no
more Monaiteries Ihould be put in Commendam^
hath not been oblerv'd,, 5. Tne Pope by means
>of the Relervations has became Malter of ahnoil
all thQ Benefices of Itdy. 6, The Popes have
taken care to tye the Hands of thQ Biihops.
7. The Bull of Vo^Q Plus V. which forbids the
Collators to confer any Benefices refign'd, to
Kindred^ Allies, or Domefticks of the Reiigners*
CHAP, LI. fage 229.
T. The Doctrine of the Canonifts, which ferves to
encourage and promote Simony. 2. The Popes
have preferv'd the Bifhops from the Contagion
of Simony, but have not been able to defend
themfelves from.it. 3. Of which the Flatterers
are the Caule. 4. Every Church is Proprietor
or Owner of the Goods which ihe poffeiTeth.
5. The Canonifts have alter'd all the ancient Po-
licy of the Church, in ailerting the Pope to be
the Ible Proprietoi"-Qi' all Benefices. 6. Accor-
ding to Navarry the Pope cannot change Tefla-
mentary
CONTENTS. xliii
•inentary Diipofitions without a lawful Caiifc.
7. How he in terpreteth the Propolition oi' tiie
Canonifts, that tiie Will of the Pope is in place
of Reafbn in Beneficiary Matters. 8. The 5enlc
which he puts upon the Bull 0^ Clement V, 9. The
Opinion of the Canonifts gratifies all liich as
thirft after many Benefices, i o. Impoflible to
reconcile it with Realbn, and lels with Divi-
nity.
C H J P, Lll. fage 136.
If the Pope have fiich ablblute Povv'er, from
whence doth he derive it ? 2. Why have his
Predeceffors for more than icoo Years made no
ijife of it ? 3. If the Papal Authority be unlimi-
ted, why have the Popes limited it by Concor-
dates and other Tranla^ions with Princes ?
A i^uefiion relative to Chap, 21. co?2tizim',ig the
Scmlmcms of the Fathers and JDoBors^ upon the right
TifCy which the Beneficiaries ought to make of the
Fruits and Revenues of their Benefices. The Point
in Chiefiion is to know^ Whether the Bcncficlariis have
really the tifufrutl^ or only the Difpcnjations ?
Kavarr, tho' a Canonifi^ maintains^ that they are
meerly the Difpenfers, T^jC Cardinal Cajetcln holds
n middle Opinion, Fra. Paolo adds own in
Conclufion,
CHAP, LIII. ^age 248,
The Order of Mendicants have lofi: their Credit
in defiring to make ule 01 the Permifi^ion granted
them by the Council of Trent to acquire immove-
able Efiates. 2. The Capuchins have pre'ierved
the Affeftion of the People by remaining in their
Poverty. 3. The Jefuits hold a middle Courfe
betwixt Poverty and Riches. 4. Mo[e$ when he
had
xiiv CONTENTS.
had llifiicient for the Tabernacle, refus'd to re-
ceive any more Gifts from the People of Ifraei.
5. The Levites had no other Eftates but the
Tenths. 6, If the Clergy hold now the Place
of the Levites^ why are they not contented with
tht Tenths ?
C H J P. LIV. pa^e 252.
J. In the Primitive Church whatever the Priefts
hit at their Death, returned to the common Mafs.
2. After tliQ Church Eflates had been divided
into Benefices, the Spolla of the Beneficiary, viz,
tliQ Goods he dy'd pol'iels'd of, went to the Com-
munity of th.Q Clergy or to his Succefibr. 3. In
leveral Countries the Beneficiaries could deviie by
Will the Fruits of their Benefices. 4. The Popes
apply to thQ Apoftoiick Chamber all that the
Beneficiaries leave at their Death. 5. The Ex-
tortions of the Colle8:ors of thefe Spolla.
6. Charles VI. King of France takes the Sfolia of
the Biihops and Abbots froin the Pope. 7. Faul III.
fcy a Bulfdeclareth, that the Spolia of all the Be-
neficiaries of the World belong to the Catholiclc
Chamber. 8. Pope VluslM: carries this yet higher.
^. The Clergy of th.Q Kingdoms of Caftile are
exempt from the Exaction OithQSfolia. 10. Upon
what this Right is founded.
THE
THE
xlv
INTRODUCTION.
HAT ancient Fervour of De-
votion, which, for fa vp.^ny
Ages, with mighty Influence
both on Princes and private
Men, had prevailed over the Chriftian
World to make thofe vaft Donations to the
Church, being now not only fenfibly aba-
ted, but, with it, the exemplary Care of
its Minifters, in the pious Diftributions of
thofe Bounties ; and their SuccciTors, tliQ
Churchmen, in thefe latter Ages, having
tUIT*\4
xlvi The Introduclion.
turn'd that Care into another, no left enga-
ging, and in which they are indefatigable,
of getting all they can, and defending what
they have got, we muft not be furpriz'd,
if, in fo great a Scarcity of faithful Stew-
ards in the Church, it has been thought
neceffary to reftrain thefe Acquifitions by
Laws ; or that all the good Men fhould be
warmM with a Zeal to fee the Adminiflra^
tion of the Temporal Riches of the Church
reftorM to fome Degree of Reformation at
leaft, if not to its primitive Striftnefs.
Its prefent Corruptions have not crept
into the Clerical Order, or grown to that
exorbitant Pitch in an Inftant ; but from a
State of Perfedion (I had almoft calFd Di-
vine) the Churchmen are by Degrees funk,
as themfelves confefs, into a State of Im-
purity, vifible to all the World, and by
fome held incapable of Remedy.
Not but with the fame Portion of Di-
vine Favour, which has flione fo bright on
our
The IntToduBlin. xlvii
our Predeceffors, we need not defpair of
feeing the like Wonders of Sanftity pro-
ducM in our .Days. But as we have been
finking for Ages into fo low a State of Cor-
ruption, we muft be contented to take the
fame Steps in re-afcending to regain, if
poflible, that Degree of Perfedion which
the Church once enjoyM.
And feeing this is not to be obtained
without knowing in what Method the
Temporalities of the Church were at firli
manag'd ; and how, and by what Degrees
this good Government came to fail, it wili
be necelTary in the firrt place, to enquire
into the Means of the Church's acquiring
at firft her Temporal Riches, and the Me-
thod flie usM upon every Mutation that
happen^, in appointing Officers to diftri-
bute or preferve them.
This will difcover to us the Obftacles,
which hitherto have retarded a happy Re-
formation ;
xlviii
The IntroduiHim'^
formation ; and inftruQ: us in the Means
to furmount them.
Thus much for our Defign in the preftnt
Treatife of Beneficiary Matters ; a Sub-
jeO: fo copiouSj that it is not eafily to be
exhauftedi
X H E
THE
HISTORY
Of Ecclesiastical
Benefices and Revenues.
CHAP. I. "
ROM the Time that JesuS
Christ iirfl conversed in the
World, the Church began to have
Revenues ^ which firll arofe purely
from the Ollerings of devout Per-
fons, and were diftributed by an
appointed Officer, only to two
TJfes ^ the one, of our Saviour himlelf, and his
Apofbles, who preach'd the Goipel ^ the other, of
the Poor. This appears clearly in St. Jchn^ who
fays, that 'judos kept the {a) Purfe, and made tht
Difpurfements, providing all Necelfarics for the
Community, and diftributing the reft to the (^) Poor,
(«) Loculos liabensj ea qux
mittebantur portabat. Cap. 12,
(b) Loculos habebat Judas,
quod dixilTet ei Jeius : Erne ea
quse opus tunt nobis ad diem
teflum 5 aut egenis, ut alic^uid
daret, Cap. 13. Quia de egenis
pertinebat ad eum. Cap. 12.
Becaufe thii rvas his Bt^fmefs*
Loculos is pr.pcrly tvhut is
caWd the F:cf^-Box,
R
according
'2 Of Ecclesiastical
according to the daily Directions he receiv'd from
Our LORD.
St. Auguftine obferves, That tho' J e s u s C h r i s r,
who had Angels for his Servants, had no Occalion
for Money, he neverthelels thought fit to make ufe
of it, that he might leave to his Church the greatefi:
Authority upon Earth, (his own Example) of her
Duty j and how ilie ought to enjoy, and how to em-
ploy what ihe poileffeth.
And if this holy Inftitution be not obferv'd in our
Days, we ought to confider that the holy Scripture,
both for Our Inilrudion and Gonfolation tells us.
That Judas was a Thief, that he robb'd the Apofto-
lick College, and converted the Money to his own
ufe^ and that his boundlefs Avarice, and Impiety
carried him, at laft, to betray, even, the Perfon. of
our LORD himlelf, for Money.
If therefore, either Hiftory of paft Times, or Ob-
fervation of the prelent inform us. That a great Part
ofthe Ecclefiaftical Goods is employed in Ufes very
different from pious, and that fome ofthe Minillers
of the Church fb far from contenting themlelves
with ordinary Sacriledge, and appropriating to
themlelves what belongs in Common to the Church
and tliQ Poor, are become fuch Invaders of lacred
Things, that they fet to Sale even Spiritual Graces
for Money : It is not to be aicrib'd to any particular
Fate on this, or the forgoing Ages, but to the Me-
thods ofthe Divine Wifdom in exercifing the Righ-
teous ^ feeing the Church from its Infancy, and
through all Ages, hath been fiibjea to the fame Im-
perfeftions.
All that remains incumbent on us is, every one in
his Station to contribute towards a Remedy of thefe
Evils, by Prayers, where other Means are denied
him ^ and by a couragious Oppofition to thelc
Abules, where it can be elfe&ial. For tho' Jud^
met
Benefices and Revenues. 5
met not his Piniiihnienl: from Men in a common
Way, becaufe thole who ought to have infiided ir,
were his Accomplices, yet the Divine Providence
faiFd not to point out what Puniihment he delerv'd.,
by dilpofmg him to be his own Executioner : As a
Warning and Admonition to Governors and Guar-
dians of the Church in Hicceeding Ages.
CHAP. 11.
AFTER the AfcQn^on of our Saviour into
Heaven, the Apoftles continued the fame Me-
thod in the Church of Jerufalcw^ of gathering Money
for the Maintenance of the Minifters of the Gofpel,
and Relief of the Poor : And the Believers, befides
the Offerings that were gathered, fold all their E-
ftates, and put them alfo into the Commcn-ftock :
So that no Diftinftion was made betwixt the Goods
of the Church, and thofe of every true (a) Believer ;
Which is yet pradis'd in ibme of the Religious
Houfes, who prelerve their firft Inftitution.
Kow the primitive Chriftians had the lefs Con-
fii^ls with human Nature in parting with their
worldly Goods, and bellowing them in Alms, from
the Contemplation of the L^ncertainty in which
Jesus Christ left them, as to the Duration of this
(a) Omnes qui crcdebant e-
rant pariter, ik habebant omnia
communia, PofTelTiones c: fub-
(lantias vendebant, 6< dividebant
ea omnibus prout cuiq-, opus
erat, Ach,Afcfl» 2.
Nee quilq; eorum quse pof-
lidebat aliquid iuum efle dice-
bat : ^Qd. erant omnia illis com-
munia. ^ — Kec quifquam in'
tsr illos erat egens, quotquot
enim poilelTores agrorum aut
domorum erant, vendentes af
ferebant pretia eorum quse ven"
debant : Dividebatur autemi
fingulis prout cuiq^ opus erat,
AtL 4-
B 2 World,
4 Of EcCjLESIASTICAjL
World, and the Expe6i:ation they liv'd in of its
fpeedy Diirohition (h) : Or at leail, they enjoy'd it
with leis Sollicitude, as not knowing how long it
was to laft ^ and in the full Perluafion that the Form
and Figure of this World, and this prefent State of
Life would, however, liiddenly be chang'd and pafs
away (r). Contemplations like theie, and which
were fo apt to make Men lerious, contributed ft ill
more to the Frequency ot^ their Olierings.
But the Cuftom of having no Property in Goods,
which indeed introduced a levelling State among
th^niy ib as no Man v;as either rich or Poor, pre-
vaifd no farther than in Jemfalem itfelf ^ nor even
■continu'd long there. For we find, that 26 Years
after the Death of our Saviour, Property was again
diftinguiih'd ^ and that no Man who had any thing
of his own v/as allowed a Support out of the Com-
mon-ftock ^ which in this, and the other Churches^
arifing from the Oblations, was applied to the Uie
of the Minifters of the Church, and of the Poor.
Wherefore St. Paul ordered, that the Widows who
had Relations, fhould be maintain'd by them, and
not be a Burden upon the Church • that She might
thQ better be able to fupply the Neceffities of thofe
who were truly Widows (d^y and deftitute ^ that
is to fliy, both Widows and Objects of Charity.
(h) Scire enim debetis (faitb
St. Cyprian) ac pro certo cre-
dere, occaf'um fecuJij atq; ante
ChrilH tempus appropinquafie,
JEp. 58. adlhibart, Lan<flantius
adds. That all thofe who had
rndde Computations of the Tiwey
j^rozmded vn Scriptures, and pro-
p bane Hift cry, declard that the
World could not lafl longer than
videtur annorum, Cap,2'^,Ub. 7.
Inftit, Vivin.
{c) Praeterit enim iigura hu-
jus mundi, i Cor. 7.
(d) Si qyis fidelis habet vi-
duas, fubminniftret illis, & non
gravetur Ecclefia ut iis;,quse vere
viduse lunt, fufliciat, i Tim, 5.
This Explanation is, drawn
from the fame Chapter of St,
200 Tears. Omnis expeitatio | Paul, which faitbi Quse vere
non ampHus quam ducentorum J vidua eft, & de.olata,
And
Benefices and Revenues. 5
And on the firft Day of the Week, call'd The
Lord's-Day, tlie Faithful met together, and every
one made an Offering of what he had iht apart out
of his Week's Gains, for the Publick Neceflicies (e).
(e) Per unam fabbad (faith I fe feponat, recondens, quod ei
be) unufquiiq; veftrum, apud | bene placuerit, i Cor, cap. ult.
CHAR III.
TH E Charge which Jesus Christ had com-
mitted to Judas, was, after our Saviour's
Alcenfion, exercis'd by the Apoftles themfelves, but
for a very iliort Time only. They foon grew len-
fible, they ihould want LeaHire for this, and the o-
ther Duty of preaching the Gofpel(^), from theMur-
murings and Diiorders among the Faithful about the
Manner of Diftributions (b) ; in which great Partia-
lities were pretended by luch as thought themfelves
Jiad too little, or that others had too much :^ an Evil
incident to all Times, upon the fame Occafions.
Referving therefore to themfelves the more impor-
tant Charge of preaching and teaching (c) theGolpel,
they committed the Care of their Temporals to other
Minifters (d). W^hich indeed is the Reverie of
what is practiled in our Days : Wherein the greatefl
(a) Dixerunt, non eft gequum
nos derelinquere Terbum Dei,
& miniftrare menfis, ASl:, 6,
'(b) Fadlum eft murmur Grse-
corum adverfus Hebrseos eo
(<?) Nos verb orationi, & mi-
nlfterio verbi inftantes erimus.
(d) Confiderate ergo, viros
ex vobis boni teftimonii leptem,
quod defpicerentur in minifte- 1 plenos Spiritu Sanclo, quoscon-
rio quotidiano viduae eorum. ' ftituamus iuper hoc opus. Ibid,
ibid. I
B 3 Prelates
6 Of Ecclesiastical
Prelates apply themfelves to the lole Government
and Care of their Temporals, leaving the other Part
of their Fun ft ion of teaching the Word of G O D as
a leiTer Care to the Monks, or Friefts of the lowell
Order in the Church.
Thefe new Minifters inftituted by the Apollles
^ ^ for the Management of their Temporal
JtaViaT "" ^^'^^^"^5 ^^^^ ^ ^^'^ ^'^ Number, cholen
French Sept, ^Y ^^ whole Body of the Faithful, and
call'd Deacons : And wherever the Apo-
^\^^ founded any Churches, they there efbabliih'd
Miniflers under that Title, and ufed the fame Form
and Solemnity iw their Ordination, as in that of
Biiliops, Priefls, and other Minifters of the Church,
with a Preparation of Fafting and Prayer before they
proceeded to take the Votes of the Faithful {e) upon
Iiledions.
And this Order, of admitting none to any Eccle-
fiailical Fundion, but by Election of all the Faith-
ful m a General AfTembly, was inviolably obierv'd,
iuid fo continued for about 200 Years : The Mini-
ilers of the Church, and the Poor fubiitting all that
\^\n\z out of the Common-Stock, which had no o-
ther Fund than the Offerings of the Faithful at their
Devotions : But they were ^o abundant, that the
Charity of thole Times had no other Bounds, than
ivhat every one could Ipare from his Keceflities.
So that when the Abilities of one City were more
than ITifficlent to fupply the Kecedities of its own
Church, Colleftions were there made alfo for other
Churches that were Poor : Thus wx find St. "jamesy
St. Tetery and St. Johyj^ when they jjeceiv'd St. Paul
and St. Barnabas as Companions in The Evangelick
MiniHry, reconmiended to them a Gathering for
(e) Hos ftatuerunt ante con- | tes impofaerunt eis manus«
fpeifturti Apoftolorumj & oran- ' Ibid,
; the
Benefices aud Revenues. 7
thp poor Church of Hierufdem ( f) - St. F^ul him-
ikif telling us, he went through the Churches of
Macedonia^ Achaia (g), Galatiaj and Cormth (h\ to
lolHcit their Charity : And this was oblerv'd even
after the Death of the Apoftles.
At Rome^ where the grcateft Wealth abounded,
the Offerings indeed were fo large, that about the
Year 150, they ferv'd not only to maintain tliQ
Clergy and the poor Chriitians of the City, but to
contribute largely to the neighbouring, and more re-
mote Churches, as well as to the Relief of great
Numbers of Chrillian Captives in the ieveral Pro-
vinces, and of liich as were condemn'd to the
Mines.
A Remarkable hiftance of thefe large Contribu-
tions, was that of Marcion^ about the Year 170,
who made an Oifering of 500 Drachmas of Gold at
one Time, in the Church of Rome. But becaule he
held certain unfound Do^lrines in Matters of Faith,
ihe expell'd him out of her Congregations, and re-
turn'd him all his Money, believing ihe lliould have
been polluted, in keeping the Money of a Hcre-
tick.
Afterwards the vafl Increafe oi her Wealth, from
the Year 220 began to be look'd upon with an envious
Eye,evenby the Emperors themfelves, and gaveocca-
fion to Deciui the Emperor, to feize thePerlbn of St.
Lawrence2LRormnTi<:2iCon^ in hopes to have made him -
(f) Difcipuli prout quiiq;
habebat, propofuerunt fmguli
in minifterium mit-tdre habitan-
tibus in Judxa fratribus, quod
i$c feceruntj mittentes ad fenio-
rts, per manus Barnabse, &
Sauli, AB* n.
(g) Probaverunt Macedonia
facere in pauperes faniflorum
qui funt in Jeruralem.
Cum confumnavero, & afligna-
vero eis frui^um hunc per vos
proficifcar in Hilpaniam^R^w. 1 5
{h) De colleAis autem quae
£unt in lanaos, ficur ordinayi
Eclefiis Galatise, ita & vos fa-
& Achaia collationem aJiquam cite, Caf, ult, i Or.
B 4 ^^^^
8 Of Ecclesiastical
lelf Mailer of the immenf e Treafiire of the Church ( i ),
which iie imagin'd to have been valHy encreas'd^
raid laid up there \ but was difappointed by the Fore??
fight of the ho]y Man, who rearing the Avarice of
tlie Tyrant, and the Perfecution that was then inir
mmtnty diftributed it all at once, as had been ufual
when the Church was threatnect with the like Ca-
lamities.
In EifeO: moil of the Perfecutions v/hich It iuf-
fer'd from the Death of the Emperor Commodu^y arofe
from the fame Caufe ^ for when the Princes, or their
Captains of the Guards wanted Money, they found
no ihorter Expedient for railing it, than by feizing
the Eftates of the Chriftian Church.
(i) St, Trudent'm: introdii-
ceth an Officer o{ Dccim^ thus
fpeaking to St. Lawrence : ^od
Cxfaris fcisy Ccefarz da, newpe
ptftum pcftulo ; nz fallcry baud
ziUam tuusfignat Deus pecumam.
Vi:(, Give to Caefar what thou
knoweft to be his. I ask what is
juft, for if I miil:ake not, thy
GOD coins no Money. In
lib* deCorom*
CHAP. IV.
AS the Churches became rich, the Clergy becaiiT*
fo much more at Eale, that fome of them, not
contented with a Subliftence in Common, began to
nffeft living feparate in Houfes of their^wn, and to
have each their Allowaiice paid in Money daily, or
monthly, or for a longer Time ^ a: -Method which
however it fell beneath the Primitive Perfeftion, was
yet tolerated by their Superiors.
But the Diforders ended not here, for the BIHiops
.cealing to make the ufiial Diftribution to the Poor,
relerved them to their own Ufe. Thus enrich' d
with
Benefices and Revenues. 9
with the publick Spoils of the Church, and giving
themfelyes up to all the Methods of encrealiug them,
even to Ufury itfelf, they quite abandoned the Dod-
rine of C h R i s t.
And St. Cyfrian having lamented this to he the
Condition of Affairs in his Time (^), concludes.
That GOD permitted this great Perfecution under
the Reign of DevitiSy to purge his Church from Cor-
ruption : It having always been the Divine Method
to reform, either by the gentle Remedies of lawful
Magiftrates, or when the Corruptions have Ipread
too far, by the Scourge of Perfecution.
But tho' the Church were now poffefs'd of fo
much Wealth, She had not yet attam'd to any real
Eftates, or Goods immoveable ^ both becaufe their
iirm expedation of the End of all things fo near
approaching, had lefieu'd their Tafte, and made
them regardlefs of the things of the World, whicR
they looic'd upon both as tranfient, and encumbring
in their Flight to Heaven ^ and that alfb, by the
Roman Laws, no Perlons were permitted to give or
bequeath by Will real Ellates to any College, So-
ciety, or Corporation (^) ^ nor thefe to accept them
without the Approbation of the Senate, or the
Prince.
(a) Epifcopi plurimi, quosl (b) Collegium fi nullo Tpe
& bortamento elle oportet ce-
teris 6< exemploj divina pro-
curatione contempta, Procura-
tores rerum lecularium fieri,
derelifta Cathedra, Plebe de-
ibrta, per alienas Provincias o-
berrantes, negotiationis quae-
ftuofae nundinas aucupari de
ciali privilegio fubnixum ilt,
hseriditatem capere non polle
dubium non eft. Lege 8 Cod,
dc' hs.rcdlt. inflituendis.
ThU Law was made by Dio-
cleiian and Maximian. Anm
Domini^ 290.
And
lo Of Ecclesiastical
And of this no doubt is to be made, however there
are fome Letters extant which go under the Names
of the firft Popes, vv^hich give" a Reafon why thQ
Apoftles fold their Poiieffions in Judea, iiiying, It
was from the Foreiight the Apoflles had, Ihat the
ChriHian Ciiurch was not to remain in Jmieay but
to remove among the GcntiUs : As i^ the Reafon
were not exprefly let down in thefc Words of
Christ to his Church : Fear not little flock^ fell all
that you have^ and give it to the Poor, Luke 12. as if
Jerufalem after it was dellroy'd, had not great Num-
bers of Chriflians in it again, when it was rebuilt ^
or that no City among the Gsnttles where the Chri-
ilians had any Poffeilions, had ever been deftroy'd.
But without lofing time to refute fo plain a Fal*
fity. It is a Point out of Dilpute, That thefe Let-
ters were forged and contrived about the Year 800,
by thofe who preferred Riches and Luxury (an Ex-
ample too ipuch oblerv'd in thole Days) to the Apo-
ftolick Simplicity, and Moderation, inllituted and
commanded by Jesus Christ.
Indeed during the Confufions, which continued a
long time in the Empire after the Impriibnmentr of
Videruny and the loole Oblervance of the Laws in
thole times, elpecialiy in Africk^ France and Italy^
fome People's Zeal took hold of that Opportunity
to bellow alio real or immoveable Eftates on the
Church, which were all confilcated in^^the Year 302
by the Emperors Diode fianj and Maximiaiiy except
in Francey where Confiamm ChlortHy who govern'd
there, through an Eifed of his Goodnels, hinder'd
their Decree from being executed.
But thefc Princes having renounc'd the Empire,
Muxentim 8 Years after rcllor'd to the Roman Church
all its PoiTellions, a little after that Hie found the
fame
Benefices and Revenues. 1 1
fame Favour from Conftantine (c) and Licivpu^ having
granted the free Exerciie of Reh'gion to the Chri-
liians, and allowed Congregations of th^ Clergy,
which in Greek were calJ'd Churches ^ made them al-
io capable of acquiring iix'd Revenues, or immove-
able filiates, throughout the whole Empire, either
by Will or Donation ^ with an Exemption from all
Services that were perlbnal^ that th^y might have
more Lealiire to attend the Duties of Religion.
(c) Lib. 4. Con, de EpifcopU ^
Eclefiis, Habeat unufquilq; li-
centiam iandifHm^ Catholicse
fnempe fidei, religi'onis, aut
HccleliaSj a way of/peaking tifaal
hi Eulebius] venerabiliq^ Con-
cilio, decedens^ bonorum quod
optavit, relinquere. Non iint
CalTa Judicia: Nil ell quod
niagis hominibus debetur quam
ut fupreniae voluntatis, poll-
quam aliud velle jam non pofunt
liber lit ftilus, 6c licens quod
iterum non redit arbitrium.
Anno -21.
C H A P. V.
IT was not till long after this, that the Cu-
l^om prevail'd of giving or bequeathing Eftates
to particular Purpofes, fuch as of Buildings of
Piety, providing Marriage Portions, maintaining Or-
phans, &c, or yet of giving with a Condition an-
nexed, of flying €0 many MafTcs, or other Divine
Services. But before they gave or bequeathed abfo-
Jutely, and the Gift or Legacy was thrown into the
Common-ftock, which was the Fund appointed to
defray all pious Works. So true it is. That the an-
cient Eftates of the Church were not dedicated to
any particular Ufe of Piety ^ but it is not therefore
true, that they may be laid out at the Pleafure of
thole with whom they are entrulled ^ bccaule they
arc
12 Of Ecclesiastical
are really given to a general Deiign of Piety and
charitable Works.
The Exemptions of the Clergy from the publick
Contributions (a)^ miift be own'd to have been one
occafion of the great Encreafe of Wealth to the
Church : Which was every where inviolably ob-
lerved, equal to the Satisfadion both of the Princes
and People ^ and which turn'd in no Ibrt to the Pub-
lick Prejudice.
For feeing the Goods of the Church belong pro-
perly to People of the loweft Condition, thole only
were exempted, who had nothing of their own, and
thole only contributed who were able : A Method
which carry 'd the greateft Equity in it •, feeing
that to exempt him who hath not a Competency
for Life, is not oppreiling others.
But we are not thence to infer, That it were as
reafonable for Princes to continue the fame Bounties
ts;> the Church, now that It is become ib rich, that
It poffeiTeth a fourth Part of all Eftates ^ which is
doubtlels more than is left for all the reft of the
People (i) : And thele Eftates being no longer laid
out upon the Poor, To exempt the Clergy would be
a direft Contradiction to the Practice of all good
Princes, and a means to make the Burdens which
the Rich ought to bear, fall upon the Poor (2) :
(a) Lib, 2, Theod, de ^^z/t-, Irience in AffairSjCJCprefly blames
^ EdepiSi Qui divino cultui the Bounty of Xew/V XI. to the
minifleria rellgionis impendunt. Church. Saving, He gave much
id eft, qui Clerici appellantur, j to the Church, but he had bet-
ter have given lefs ; for he took
from the Poor, to give to thofe
who had no need. And in ano-
ther Place, He gave goodly
Lands to the Church, but this
Gift was made void j for the
Clergy had too much. Cap, ult.
Lib, 53 ^ 7, Lib* 6. of his Me-
moirs.
So
ab omnibus omnino muneribus
excufentur, ne facrilego Livore
quorundam a divinis obfequiis
avocentur. Confiant. mag, I, 9.
Cod. Theod, eodem titulo.
(i) Seeing the Clergy make
up but a very I mall Part.
(2) Thil, de Comnesy whofe
Piety was as great as his Expe-
Benefices and Revenues i^
So that the Princes of our Times want not the Piety
of their Predecelibrs^ yet Circuirjftances make the^
Cafe very different ^ for the Church would now alio
be exempted if ihe were poor, and ihe never would
have been exemptedj had ihe been rich.
CHAP. VI.
TH E lame exceeding Devotion in Princes and
People, which produced the vaft Encreafe of
Wealth to the Church, grew at laft to excite an ex-
tream Thirft in her Minifters to improve it ; from
which even thofe of the clearefl Intentions among
them were not wholly exempt.
For iince the Diftribution of thele Goods turn'd
to the Glory of GOD, and the publick Good,
they concluded that the more the Church had to
beftow, the more, thole Ends would be anfwer^d :
Thus in the View to ib great a Merit, they fet them-
lelves with all their Skill and Indullry about fo plea-
ling a Task, without confining themlelves to the
Lawfulnefs or Juftice of the Methods ^ but if the
Church were enrich'd, by whatfoever means, they
thought they made a pleafing Sacrifice to GOD.
And certainly from thele indifcreet Zealots, and
the want of a due mixture of Dilcretion, have flow'd
innumerable and incurable Milchiefs : For they
imagining every thing jullifiabie (i), that is done
with a View to Religion, by afting both againft that,
and even of Humanity itlelf, have often let th&
World in dreadful Combuftions.
. Ci) Devitantes hoc, nequis r non folum coram Deo, Ted etiarn
Qos viCuperet providemus bona, ' coram hocnii^ibus, 2 Grinth 8.
Thus
14 Of ECCLESIASTICAX
Thus it happen'd when firft the Church was al-
lowed to acquire real Eftates ^ fome religious Perlbns
enteitaining an Opinion, That it was a Service to
GOD, to difinherit the Children and Keirs of
Families, in order to give their Eftates to the
Church, omitted no Artifice to perfuade Widows,
Maids, and other eafy People, ready to receive any
Impreiiions to deprive their own Fainilies, and make
the Church their Pleirs (2).
And this Diltemper grew to inch a height, that
the Prince was obliged to provide againil it, by
an Ordinance made in the Year 370. which in truth
did not put the Churches abfolutely into an Incapa-
city of encreafnig their Eftates, but forbad Church-
men only to frequent the Pioufes of Widows and
Orphans, or to receive any Gifts by Will or Dona-
tion from Women im.mediately,or by any 3d Hand(' 3).
Which Ordinance St. "jerom acknowledges to have
been a good Step towards th^ Remedy of a Corrup-
tion, which had taken too deep Root among the
Clergy (4), namely an immoderate craving after
temporal Riches.
(2) Charkmal'j n m^AQ ^hA\w
to forbid the Churches to re-
ceive any Cifts^, which dilinhe-
rit Children and Kindred,
(3) Ecclefiaftici aut ex Ec-
cleliafticis Viduarum ac Pupil-
lorum domus non adeant;, led
publicis exterminentur judiciis,
il eos Affines earum vel pro-
pinqui putaverint deferendos.
Ceniemus etiam ut memorati
nihil de ejus mulieris;> cui fe
privatim fub prsetextu religonis
adjunxerintj liberalitate qua-
cunq; vel extremo judicio pof-
iint adipilci, & omne in tantum
ixieflicax fit^ quod alicui horum
ab his fuerit dereli(5l;um5 ut nee
per fubjeftam perfonam valcant
aliquid vel donatione vel tefta-
inento recipere. Lege 20. Cod,
Theod. deEpifc, ^ Ecdef,
(4) Audio in fenes, &: anus
abfq; liberis quorundam turpe
lervitium. Ipii apponunt ma-
tulam, obfident ledtum, puru-
lentiam ftomachi ^: phlegmata
puhiionis manu propria i'uicipi-
unt. InEpifl.adEuflcch,
IlJae quie lacerdotes iuo vide-
rlnt indigerepraefidio eriguntur
ad fuperbiaiTi;, 6: -quia marito--
rum expertae viduitatis prsefe-
runt libertatem. In one ofhU Ep*
Yet
Benefices and Revenues.
15
Yet this was not found fufficient, without another
Ordinance, made a few Years after, That Widows
wlio devoted themfelves to the Church, fhouid nei-
ther give nor leave by Will any immoveable or real
Eftates, or Moveables of great Value (^). Of which
it is dilcours'd more at large elfewhere.
Nor were thele exceflive acquilitions pleafing to
St. Auguftinej who liv'd in thofe times, and declar'd
him felt' freely upon this Head, that he thought it
more realonable that Inheritances ihould be \<^^t to
the next of Kin than to the Church (5).
Which Opinion he confirm 'd by refufmg G'l^t^
that were lett to his own Church. He likewiie de-
clar'd, That a due Miniftry in the Church did not
confift in dillributing much, but in being well ap-
plied. He blam'd a Method of encreafing the £-
ilates of the Church by making Purchafes of real
Eftates with the overplus of its annual Rents. He
never would lliffer this Abuie in his own Church,
declaring againft it in his Sermons, and that he had
rather live on the Offerings and Colleftions that were
made in the primitive times of the Church, than
to be charg'd with tlie care of an Eftate, which
would interrupt the Leifiire that was neccelTary tc^
the right difcharging the principal Duty of a Bi-
ihop: Adding, that he was ready to renounce all
(a) Ipfa tantum prssdiorum
fuorum reditus conlequatur, de
quibus ierVandi, abalienandi,
donandi, diftrahendi, relinquen-
di, vel quod lUpereft, vel cum
in fata concedit, & libera ei
voluntas eft^ Integra fit poteftas.
Nihil de monilibus, & iupel-
lefiile, nihil de auro, argentOj
caeterilq; clars domus infigrdbus
iub religionis defenfione conlu*
mat: Sed univer fa Integra In H-
beros, proximos velinquolcun-
que alios arbitrii fui exiftima-
tione tranfcribat. *Ac fi quando
diem obieritj nullam Ecclefiam,
nullum Clericum, nullum Pau-
perem, fcribat hscredes. X. 27,
Ccd, Iheccl Jinno 39c.
(5) Tojftd, in vita- Aucufl.
Pofieflions
1 6 OfEcCLESlAStlCAL
Poffeffions in the World whatfbever, provided a
Maintenance were alloted to the Servants and Mi-
nifters of G O D, according to the old Teftament,
(b) either m Tythes or in other Alms : io as they
might not be diverted from their Duty, by the Cares
infeperable fl'om temporal Concerns.
Yet neither the eyxellent Exhortations of the Fa-^
thers^ nor the Laws of Princes were of Force to let
any Bounds to ttiQ growing Wealth of the Church,
but that k exceeded all Meafure.
The ancient manner indeed of adminiftring and
diipeniing theie Eftates, wasftiil kept up, and lb con-
tinued until the Year 420. without any remarkable Al-
teration. Ailthe Alms, andPvevenues arifmgfrom real
Eftates, were yet in common, and under the Care of
Deacons, who had for their Affiftance Sub^deacons,
and other Stewards employ 'd in providing for the
Maintenance of the Clergy and the Poor. The
College of Priefts, and th^ BiHiops chiefly were the
Supervifors j and an Account of all Receipts and
pisburlements was kept. So that the Bifliop orderU
all the Diilributions, the Deacons executed his
Orders, and all the Clergy were maintain'd ou.t of
the Revenues of the Church, tho' they were not all
in Fun^lions.
St Jphf? Chrifoftome maketh mention. That in thole
times the Church of Antioch fed more than 3000
Mouths. It is alio certain. That the Church of
Jertifalem defray'd the Expences of an infinite Num-
ber of People, who reforted thither from all Parts.
(b) OmHes decim32 terrse five
de frugibus, five de pomis arbo-
rum Domini iUnt. Levit, uJt,
Primitias ciborum noftrorum,
& poma omnis l^gni, vindemiae
quoq; & olei, afferemus facer-
dotibus. Ipfi Levitae decimas,
accipient operuni noflrorum. 2
Efdr. 10.
Thefe Tenths and Firft-fruits
as being of the ^ewzjh Inftituti-
on, were abolifh'd by the new
Law.
And
Benefices and Revenues^ 17
And we find in Hiftoiy, that Attinis Bifnop of
Confiantino^le^ afliiled the Church oi' Nice in Bithyalay
on occafion of a Concourfe of poor People to tliat
City, wherein were numbred ten thoiifand in cne.
Day.
CHAR VIL
BU T after France^ Spain and Africk were creel-
ed into two diflin^l Kingdoms from theEmpirCj^
the Pofterity of 77;f5^o/7^extin£i:, and Italy ^ by the
luccelTive Inundations of divers barbarous Nations,
made fubje£l, at Jafi:, to the Power of the Goths ^ and
tliQ Eaftern and Wcll:crn Em.pires torn alimder from
each other ^ the Government of the Churches alia
took another Porm. The Eaftcrn Chuichiept ftill
the cftabliih'd Ufage of living in Common : But in
thQ Weftcrn, the Bii].iops, from being Supervifors
and Adminiilrators of the Revenues, began to uic
them as if they were their own ^ ?nd to aifume a
fort of abiolute Power in their Diipofition. Hence
foilow'd great Confufions in the Application of thefe
Ellates, to the great* Detriment of the Fabricks,
which fell to Ruin ^ and of the Poor, \\\\o Vv'cre
left deftitute and unprovided for.
It was therefore order'd(^) in the Wcfbern Church
about the Year 470, That a Divifion ihould be
(a) Pope Gelafius in Canon \ tas admittit, fi-ut faudum ra-
quatucr^ 27, 12. q. 2. which 'j tionabiliter eit decrcti.!!^, con-
is in the Year 494, flieweth tut- j venit fieri pprtlones, quaruiil
ficiently that this Uiage -was ; fit una Pent! fids, altera Cleri-
ellahliih'd ibme time before, i corum.tertia pauperuin, qu ana
Quatuor auteni tarn de redi- tabricis app!icanda. Vide Can.
tu, quani de oblatione iide'ium, \vohii 23. iad^m quaft,
prout cujuQibet Eccieii.Te lii:ui- ] "
C tnade
l8 Of ECGLESIASTIGAL
made into Four Parts : The firil was to go to the
Bi/hop, the iecond to the reft of the Clergy, the
third to the Fabrick of the Church, in wliich, be-
iides that properly 16 called, was alio comprehended
the Habitation of the Bifhop, of the other Clergy, of
the Sick, and of the Widows : And the Fourth Part
went to the Poor ^ : Which in moft Churches, ac-
cording to St. Gr^ory^ included only the Poor of
t\\t Place : For Holpitality was incumbent only on
the Bilhop, who was oblig'd, out of his own Share,
to lodge all the ftraiiger Clergy, and to defray the
Expences of the Poor which came from abroad.
Yet it is not to be liippos'd, that this Divifion
was made into four Aritiimecical and equal Parts,
but only Proportional : For the Number of Clergy
in fome Churches required a larger Share than the
Poor ^ whereas th^ Contrary fell out in other
Churches, where the Poor were more numerous
tlran t\\^ Clergy. And as in great Cities the Ex-
pence of the Fabrick was greater than in the lefTer,
every Church, which agreed to this Divilion into
Four Parts, fettled it in a different Proportion, as.
Circumftances required.
I know that fome have attributed this Divifion to
Pope Silvefiery who liv'd 1 50 Years before, ground-
ing their Opinion on ^om^ Writings which have
been forg'd lince, with little Honour to thofe Times,
which lay not then under fo corrupt a Charader.
. In the Thcodofian Code we find a l^zvj o^ Conftan^
tim and Julinn^ bearing Date in the Year 3 55), wnich
* Whereas before, the iirfl: j when all was in common a-
Part was for the Poor, ^7^;. ' mong them.
exempt?
Benefices and Rdvenues. 19
exempts the trading Clergy from paying Duties (/^j),
becaule all they gain'd went to the Poor. So far
they were from dividing the Revenues of the Church
among themfelves, that even their Gains they threw
into the Common-flock. But about the Year of our
LORD 500, ho vv ever the Revenues had been di-
vided into Four Parts, yet the Funds out of which
they arofe, whether immoveables, Oblations or
Alms, were brought under no Divilion themielves,
but only the growing Rents continued under tlie
Diredion of the Deacons and Sub-deacons, jointly.
' A Recapitulation of this Matter leem'd the more
requifite here, becaule the following Ages will pre-
fent us with a Form of Government Co intirely dif^
ferent from what has been delcrib'd.
We have already fet forth the Method inllituted
by the Apoiiles, for eledingMinifters in the Church,
viz.. That the Biihops, Prieils, and other iMir.ifters
of the Word of G O D, as alio tlie Deacons, who
had the Adminiftration o: the Temporals, iliould be
ele£l:ed by the w^hole Body of the Faithful, and then
ordain'd by tliQ Biihop, by Impolition of Hands ;
which continued without Alteration. The Biihop
was elected by tliQ People, and ordain'd by the Me-
tropohtan^, in the Preience of all tliQ Biinops of
the lame Province, or at leaft, with the Conient in
(^) Z. 8. O-d. Thecd. de Epifc.
^ Ecclefiis Anno 340. juxta
fanftionem quam dudum me-
ruijire perhibemini,' & vos &
mancipia veilra nullus novis col-
latlonibus obligavit, led vaca-
tone gaudebitis.
Prseterea neq; hofpites fuf-
clpietis, 6: fxqui de vobis ali-
monise caufa negotiationem ex-
ercere volunt, immiiDiiate po-
tientur.
St. Jerom exclaims agai nil-
there Privil-iges, h'igdTcti^m .
Ckricamy i'aith he, (j ex Jmpe
divztcf77y ex igiicbU'z glcricfuWy
quafi quancdyn t):[itm jugs - — -
Cui nundinx^ f ra placent, C^
plaktXy ac 7776 ilicc rum tab>;rn^V4
lip. 2. ad Nepotianum.
'^ Vide Apptndicem ad Ca«
pitul. fag, 1372% c<7p.4.
Writing
a<:> Of ECCLESIASTICAJL
Writing of thofe who could not be prelent. Or if
vdiy Accident hinder'd tliQ Metropolitan from at-
tending, the Ordination was peri^orm'd by three of
the neighbouring Biihops, with the Confent of him
and of the other ablent Biihops. And- afterwards,
when to improve this Form or Government, feveral
Provinces were made fubjed to one Primate, his
Content alfo was required to the Ordination.
The PriefLs, Deacons and other Clergy were alio
preiented by the People, and ordain'd by the Bi-
iiiop *, or eiie nominated by the Biihop, and with
thQ Confent of the People ordain'd by him. No
Perfbn chat was unknown was admitted, nor did the
Biihop ever ordain p.y^. but luch as v\?ere approved,
or indeed propos'd ty tiiQ People.
Wiioie Concurrence w^as thought lb necei%ry,
that the Pope, St. Leo^ proves at large the hivaii-
dky of a Biihop's Ordination without it (c). hi
This all the Fathers of the Church in thole times
agree. And Confiance being choien Biihop of Aiilan
hy the Clergy, St. Gregory thought he could not be
coniecrated without tnc Cohfent of the Inhabitants,
who being at that time retired to Genoa ^ to avoid the
Pvavages of tliQ barbarous Kations, a Meliage was
iiril- lent to them at his Inltance, to know their
Pleafure. A Tiling w^hich may jufbly be recom-
mended to the ObJervation of this Age, where we
are taiight that EledHons, wherein the People ihould
precend to have any Share, would be unlaw rul and
{c) C\ixn ergo de lummi fa- . nieritis: Tantiun utnullus invi-
cerdotis eled'iione traiiahitur, j tis., 6: nonpeter.tibus ordinetur,
iile omnibus prjsiponatur quem ne Civitas Ppilcopum non op-
Cleri plebilq; conlenlus concor- tatum aiit contemnat, aut ode-
ciiter poftuler.t, ita ut fi in j rit, ^^ fiat minus religiola quam
aliam -Forte Perfonam partiuin convenit cui non Jicuerit habere
le voiadivifirintj metropolir.ani quern voluit.
Judicio is alteri Prscterarur qui j Ep'ij}, I2. adAnaftafium Tbef
major [bus oc iludiis juvatur & faknicenfem^ cap, 5'.
invalid :
Benefices and 'Revenues, a I
invalid : So chang'd, and ib inverted are Cuiloms,
as to make Good and Evil change their Names, cal-
ling that lawful which was formerly reputed detefc-
able and impious •, and tliat unjuil:, which had then
the Reputation of Sandity.
Sometimes a Biiliop who was fuperannuated,
nam'd his SucceiTor ^ as S'c, Auguftlne nam'd Eradh^.
But neither was this Nomination of any Force with-
out tiie Approbation of the People. All Thele are
Particulars as necellary to be well underftood, us
they are to be remember'd, in Order to confront the
Practices of fucceeding Ages with thele Primitive
Examples,
CHAP. VIII.
A Little Digreflion v/ill here be nccciTary, to take
in one of the moft memorable Can fes, and
Springs of Wealth to the Church, wdiich happened
about the Year 500. This was an Infiitution of ilc-
ligious Colleges calPd Monafierles,
Monachifrn began m^Hgyft about the Year 300(1)
occaficn'd by the Pi^riecutions of thofe Who iied
thicher for Refuge. From whence it pafs'd into
Greece y
(i) Ihsre wcrs Mcnls hi
7Fg)-pt kiig bejlre^ accord in<i^ to
Cailian. Cum in primordiis
fidei pauci quidem, led proba-
tiirmii, Monachoruni nomine
cenferentLir, qui ficut a beatie
memorise Evangeliila Marco,
qui primus Alexandrinoe urbi
lontit'ex prisfuitj norman iul-
cepere virendi, ^c^ Lib. 2. de
!nfliLCxn:b. cap. ^,.
Ne ilia Ecrlefia, quae inter
ipfa Evangelii Prlncipia B. I^'^ ar-
cum, B. Petri Apodoli dilcipu-
lum, in omnibus utiq; docloris
liii magifter^o confonantem ha-
bult fundatorem, ^c. Leo mag^
E0. 77. 6-^p. 4, .
C 3 ?^/^{ft
a^ Of Ecclesiastical
Greece y where St. Bafil about the Year 370. gave
it the Form it has preierv'd ever lince in that
Country, And about the Year 350, Athanafms
brought it into hdy^ : But at Forney and m the Parts
adjacent, it found few Followers, and little Encou-
ragement, until the Year 500, when St. Ec^idtiusy and
St. Eencdici gave it a more lafting Form, and made it
ipread. Yet the hillitution of St. Equitm fail'd
foon, but that of St. BenedlH; extended itlelf all over
Italy J and even beyond the Mountains.
hi thofe Days, and for a long Tim.e after, the
Monks were no Ecelefiafticks (2), but Laymen, and
in Convents, which fiood vvithout the Cities ^ liib-
fifting on their own Labour in Husbandry and other
Trades, ai>d on the Oblations of the Faithful 5 of
all which th^ Abbot had the Management.
But in the Cities they liv'd on their own Hand-
labour, and thQ Share which was allotted them by
the Church of that Place. Theie retain'd their an-
cient Difcipline much longer : And as the Clergy,
after they began to ihare the Goods of the Church
among themleives, had left much of the Reverence
K Ep:jt, ic. ad Epifccpcs
vrann. cap, 6. St. yintcny was
the iin% who brought the
Monks to live in Common. A
• Proof, That that Life is not in-
Coniiilent withSolitude : V>. hlch
Point yiwD'Offat prefTeth with
great ftrength oF Reaibn, to an
Abbot oFthe Order ofFeuillans.
A Monkj faith he, who attends
Mattins, and other Services,
enjoin'd, and employs the reil
©f the Day in Study, or in feme
other hcneft way, is Iblitary
enough, ana needs no other Dt-
iert but his Convent, ^nd the |
AncieiitSj in calling a Convent'
CcEfiobrum, and thoie in Religi-
ous difcipline Monks, fhew,
that Solitude may eafiiy be
found in Community and So-
ciety.
(2) Alia Monachorum eft
caufa, alia Clerieorum, faith
St. ]trom, u^ndajrarn, Clerici
pa fount oves;, ego pafcor. JEpifi.
ad He lied.
But tho' the Monaftick Life
were very dififerent from the
Eccleilaftick, it was hawever a
Step to Orders. Sic vive^ iaith
he to a Monk, ut Ckricus ejje
mtrearis. Epift. ad Rufticum.
tlicy
Benefices and Revenues, 25
they had among the People, whole Devotion by
that Means was extinguiih'd *, few continued their
Bounties to the Chiu'cii, and there had been an End
to all its Acqnifitions, if the Monks, by continuing
to live in Common^ and exerciling Works of Cha-
rity, had not reviv'd and turn'd all the Stream of
the People's Devotion . on themielves. Thus they
became, in time, very powerful in Inheritances, and
Poileffionsof all Kinds: Every one finding aflronger
Invitation to his Charity, as he faw' It was then
employed in maintaining great Numbers oi Monks,
in educating Youth, and other Works of Piety and
Holpitality (3). The Abbot Trlthemius reckons the
Islumber of Monasteries o? Beneditlwes were 150C0,
befides the leffer Convents. The Monks choie their
own Abbot, who govern'd in Spirituals, and had the
Difpofal of all the Oblations, as w^ell as of ^11 they
gain'd by Labour : Afterwards, alio Pie had the
Management of the Revalues arifing from their im-
moveable Eflates.
(3) Me\^ray laith in the Life
o^ rhil, Auguflmy That the Mo-
nafteries of the Bcnedlilines
were as Inns for Receipt of
Gentlemen and other Travellers
^rafisi ^^'^ Schools to teach
their Children.
Another thing contributed
much to the Encreafe oi' Mona-
chifm, Avhich was, the Means
they had found to fucceed to
their Fathers Eltates, which at
their Death they left to their
Convent, ^ar/7 eo temfcre fer-
vcr McnaftrCiS Rdigicnh tcpue-
rat. '^am unufqurfq^ in bcn/s
Parcntum fucrum b^eres fieri
qu:eri'.bat : Undz qu'idam tcrun?^
quid [lb I acquzfiverant, tnfcrvi'
tium jratrum-) ^ ccmmuntm u-
tzlitatev? Led pubJice ccritrade-f
bant. Chronicon. S. Benigni
Divion. Anno 789. Tom. i.
Spicelegii Acher, pag. 402, &
403,
C4
CHAP.
24 of Ecclesiastical
CHAP. IX.
BU T after the Year 500, the Biiliops being be-
come the abfokite Dilpencers of thQ Fourth
Part of tliQ Goods of the Churchy they began to
employ more of their Care on their Temporal Af-
fairs, and to make Parties in the Cities: So that
Elections were no longer carry 'd on with a View to
th^ Service of G O D, but manag'd by Fadion and
Intrigues, which often proceeded to open Violence.
This gave the hrfb Alarm to Princes, who had hi-
therto little concern'd themfelves, in the Choice of
the Miniftry ^ but when the Holy -men of thole
times began to declare. That GOD had piac'd tho
Churc^ under their Protection, and that they were
anlwerable by that Divine Commiffion, to lee that
ttiQ Affairs of the Church iliould be adminifter'd un-
der regular and legal Forms of its own. This open'd
th^ Eyes of Princes, and made them capable of dif-
cerning hov/ much tliQ Interefts of ambitious Clergy-
men, and the feaicious Cabals form'd on thefe Oc-
cafions to obtam the Dignities of the Church, en-
danger u the publick Peace, and the Interefl: of the
C''vii Government.
Mov'd tiierefore, partly by Religious Coniidera-
tions, and partly by Keafons of State, they now be-
gan not to fiilYer the Clergy and the People to de-
termine Eie£l:ions by themlcives, and_ according" to
their own PafTfons. For feeing Men now no longer
avoided and fled from Biihopricks, but c%^en made
Intereft for them with all the Courtlhip and skilful
Solicitations they could ufe *, lb great a Change o-
pen'd a Way to Factions, and coniequendy to Se-
ditions, and fometimes Bloodfl'ied at the Inlligation
of the contending Parties.
Some-
Benefices 'Sind Revenues 25
Sometimes the Inconveniencles were no lels by
Eledions falling on People dilatteded to the Govern-
ment, and flich as enlertain'd lecret Correfpondence
with the Enemies of the State, which, during the
Weftern Confuiions, were never iriconfiderable :
Or otnerways, by Eleftions falling on hich who af-
terwards actain'd to great Popularity, which they
apply'd to ufurp the Power of the Magiftrates, and
tlv:n to incite the People to iupport their Innovations.
Thefe Diftempers produced an Edift^ that no
Perfbn ele&d fhould be confecrated without the
Approbation of the Prince or Magiftrate, relerving
to themfelves the Right of confirming the great Bi-
jQiOp ricks, fuch as thofe in Italy of ]<omey Ravemiay
and Milariy and leaving the Care of the others to
their Min-fters.
But in thole times, as more Regard was had to the
anfwering the true End of good Government in the
Church, than to any Appearances, If there hap-
pen'd in a City fbme one o/that em^'nent Merit, that
was equally the Inclination both of Prince- and Peo-
ple, upon a Vacancy he was confecrated forthwith,
without other Formality.
Somedmcs Accidents of Wars or Plagues might
haften the Confecration of a Biiliop, before the
Princes Confirmation were obtairi'd (^) : As it hap-
pened in the Cafe 01 PeUghts II. Rome being then be-
lieg'd by the Lombards. But after the Siege was
rais\i, that Pope lent St. Gregory ^ who was then
Deacon, and aixerwards his SucceiTcr, to excufe it
to the Emperor, and to beg he would confirm what
Kecefliiy had obliged to be done.
(a) Poft Benediftum Papam i bardx Roiium per Circultum
' Pelagius Romanx Ecclefise /on- \ obfider.';nt • nee polfet qnljquam
tilex abl'q; Juifione Principis or- i a Roma egredi. jVar/iejrid d?
^inatus eil; Eo c^uod Longo- Igejiis LQi^^bard, Lib, 3- ^'^'f.* 2c.
■ la
i26 Of Ecclesiastical
In this Manner, that is with the Imperial Sandi-
on, the Popes and Bifhops continu'd to be cholen in
Jtaly until the Year 750. But in France y and other
Countries beyond the Mountains, the Royal Autho-
rity, and even that of the Mayors of the Palace,
appeared more ablblute ^ for the People, as foon as
thofe Princes concerned tliemlelves in Elections, de-
iifted intirely and withdrew tliemlelves from them.
Good Men acquiels'd, in Confidence that their Prin-
ces would take all the Care that was necefTary m
that Matter •, and ill Men dcfpair'd to bring about
their Defigns : So that the Kings of France had the
fole Collation of all the Biihopricks throughout their
Kingdom.
Through all the Hiftory o^ Gregory of Tours^ from
the time of Clouis the firft Chrillian King of France ^
until the Year .590, w^^nd. no Inftance of any one
Biihop being made in any other Manner than by the
Islomination or Conlent of the King (^)- And St.
Gregory I. who was made Pope in tliat Year, writing
to the Kings of France on divers Occalions, laments
that Biihopricks were beitow'd on Men not liifficient
for tliat Charge ^ befeeching them to choole Men of
Probity and Capacity, but without any Objection
to the King's Right of Nomination, linlefs it were
want of Meric.
It
(J)) Tnterempto Rullico Ca-jquam de eo aeflimationem ha^
turociurbisEpircopo,conrenrus! beret. Tale niniirum de ilia
Regis & Civiumpavi iententIa|Rex civibus & Epifcopis:, cun-
in Epifcopatum Defiderii afpi- jcftoq^populoteftimoniumdedit,
ravit. Nam licet luggelHo Ci- ' ' - -i^i-=-— ^-.^- •- -
vium ad Praefules & Frincipes
jam pr^ecefTerit, Rex tamen pro
iioc amantiffima &valde ambi- E^jfc, Caturc, cap. d, tcm, i
enda prsecepta dedit, in quibus Biblid. MS» Labbei, p* 703.
perfpicue agnolbitur, yel quam-
ut jure plebium teilimonia re-
gia oracula praecellerent, ac prse-
venirent. Jn vita S, JDefideril
Vv hence it appeareth. The
obrem hunc Rex dili^eretj yel j People chofe, hut that the ¥.-
lectio !>
Benefices and Revenues. 7j
It was eafy for thofe Biihops when once they
were made without the Authority of the People, to
exclude the People alfo from the Choice of Priefts,
Deacons, or other Ecclefiafbicai Minillers, and to
transfer that Right to the Prince alone. Some Part
of the People having wholly withdrawn themfei-ves
from Eccleliaftical Congregations, to attend their
domeftick Aifairs, others to avoid popular Factions,
others again, upon finding themielves concemptu-
oufly treated by theBiihop, whofe Power was grown
to an inconvenient Size, by his Wealth, and the
Intereft he had in his Prince, of whom he held his
Biilioprick by >^omination or Confirmation. And
Ibmetimes the Prince would name the Perlbns to be
ordain'd, or would commit that Care to the Bialiop,
eipecially when he happen'd to be in his Prince's
Confidence. And this otten brought him to be far^
ther uleful, either in making up Diiierences among
thQ People, or in decidng difficult Caufes referred to
him by the Prince.
le£lion ought to be confirm'd by
the Prince. Vv hich is leen in
a Letter of Z>agobert, reported
in the Life of St. Didier, vi^.
Juxta Civium petitionem,
noilram quoq; concordantem in
omnibus voIunta'.em decerni-
mus, ac jubemus ut adjuvante
& clainante laudeni ipfius Cero,
vel Populoa vir illuilris, 6v ve-
rus Dei cultor Defiderius I on-
tifex inurbe Caturci debeat con-
fe:rarij i<: r.oilra civiumq; vo-
luntas^ quod decrevit in Omni-
buSj in Dei nomine p riiciatur,
& pontificali benediftione lubli-
matus, pro nobis, ^: pro uni-
verfis ordinibus Ecc'eiise debeat
cxorarej, 6c acceptibiles Deo
hoftias ftudeat ofE^rre. — Qua
de re, prselenti authoritate de-
cernimus, ut di^^us Defiderius
Epilcopatum in Caturcenfi urbs
prsefentiaiiter iufcipiat. Ht ut
hsec deliberatio voluntatis no-
llrse firmior habeatur. manus no-
ilrx praslcriptione i'ubter earn
decrevimus rohorare.
I Lib, 4. Eptft 53. adCblJds-
bert. ^ t:?v. i. QnciL Gall,
Epifl, 5. ad Tirunicbilden?, Lib,
7. Ep, 5. ^ * w. I- Ccnctl. Gall,
Eprji. 22. ad Lrunich, Lib, 7»
Ep, 13. ^ liom, I. Cone, Gall,
Epifl, 27. ad The c done. ^ Theo-
debert. Lib. 7, epifl, 114. ^
tc/>7, I, Oncih Gall, epifl, 28.
For
a8 Of Ecclesiastical
For the Relpeft ihew'd to Religion in thofe Days
having rais'd the Biihops to a Credit, which was
not ordinarily aiforded to Magiftrates, engag'd them
more in theie fecular Functions than in teaching the
Dodrine of Christ, in which ignorant Men had
thought, at iirft, confifted their principal Duty.
So that to be a worldly prudential Man was a better
Qiialification for a Biihop, than to be a good Cafiiift.
Which holds good to this Day in that Saying, I'hat
except it be in Places confining on the JpfidelSy a good
Lawyer makes a better Bijhop than a good Divine y
which indeed mult be allowed, if the chief Buiinefs
of a Biihop be to try Caules.
Jesus Christ, when he ordain'd his Apoilles,
told them. As my FATHER fent me^ fo fend I
you. By which they underftood he fent them to
teach. But if now every Man be fiiffieiently in-
•ftructed, there is no need of any more Teachers ;
and tmy ought to quit an Employment grown ule-
leis to th.Q World.
Hereto lO re the principal Care of a Biihop was to
teach, his next vvas to take Care of the Poor ; but
^s the Admin 'ft ration of the Church Affairs came
into the Hands of the Clergy, there grew fome Re-
mifnefs in both Duties, and the Quadripartite Divi-
iion came to be arbitrary.
Wliere the BiitiOp and Clergy were Men of Con-
fcience, a reaibnable Divilion was made, but where
they happen d to be interelted Men, the Poor wan-
ting Proteclors, and the Fabrick of the Church Su-
pervifors, thefe two Portions v/ere in fome Places
Hink aim oft to nothing, and all was divided betwixt
the Biihop and the Clergy.
And even in Churciies v^/here the Divifion was
made with due Proportion, the Adminiftration of
;the two P;irts which was allotted to the Fabrick and
tfte'^lgtga:, remaining ftill in the Hands of the Clergy,
Benefices and Revenues. 29
were infenlibly diminiftied, to the Advantage of
thofe who had the Management ^ which is made
more evident by the few Inftances that are anywhere
to be found of Fabricks having any particular Re-
venue^ or of any Fund remaining for the Poor,
except Holpitals, which are of no ancient Inftitu-
tion.
At firft the Share of. the Clergy was not divided
among thein, but left to the Dilcretion of the Bi-
iliop, to dilpence- according to every one's Merit.
But afterwards the Priefts took upon them to make
the Dividend among themfeives, excluding the Bi-
ihop from that Care ^ and when they had fQt out
their own Share, in the Diredlion of which neither
the Biiliop, nor any other had any hand, they then
liib-divided it among themlelves. This gave Begin-
ning to every Man's Property, and thus they ceafed
to live in Common.
But tho' the Revenues were thus divided, yet all
the Stock or Fund remained ftill intire, and undivid-
ed, under tl^e Direction of Deacons, and Sub-dea-
cons, who receiv'd the Rents, and ailign'd them to
the Bifhop, and to every Priefi:, in Proportion to
their Shares.
In thofe times the Church Ellates were called
pammomesj which I have thought fit by the way to
remark, to obviate any Miftake that this Kame
might fignify any foveraign Dominion, or Jurildic-
tion belonging to tliQ Komm Church or the Pope.
The Eilate or every Family, defending from its
Anceflors, was cali'd a Patrimony, And the De-
meafns or Eftate belonging in particular to tliQ
Prince, was cali'd Sacrum Pa trimcraunij to diftinguiili
it from the Patrimonies of private Men ^ as we find
in many Places of the 12th Book of* the Code. For
the fame reaion the Name of Patrimony was given
to the Eltate of every Church j and we find men-
tiotid
30 Of ECCJLESIASTICAJL
tion'd in the Letters of St. Gregory^ not only the
Patrimonies of the Roman Church, but alio of the
Church of Rimmi , MUnriy and Ravenna.
Churches 'm Cities, whofe Inhabitants Were but
of moderate Subftance, had no Ellates left to them
out of their own Diftrid : But thofe in Imperial
Cities, fiich as RomCy Ravenna, and MHan^ where'
Senators, and Perfons of the lirll Rank inhabited,
were endowed with Ellates in divers Parts of the
World. St. Gregory mentions the Patrimony of the
Church of Ravenna^ in Sicily, and another of the
Church of Milan in that Kingdom. The Roman
Church had Patrimonies in 'France, Africk, Sicily, m
the Cottian Alp, and in many other Countries. And
the lame St. Gregory had a Law-liiit with the Bilhop
Q^ Ravenna, for thz Patrimonies of the two Churches,
which afterwards ended by Agreement.
And to create yet the greater Relpeft for the E-
fiates belonging to the Church, it was ullial to an-
nex the Name of feme favourite Saint, which that
Church held in moil: Veneration. So the EUate of
the Church of Ravinna was call'd, The Patrimony
of St. A^pllinare -, that of Milan, The Patrimony
of St. Amhrofe. The Ellates of the Roman Church
were calFd, The Patrimony of St. Peter in Abruz.z,o,
the Patrimony of St. Peter in Sictly ; in the fame
manner as we fay. The Revenues of St, Mark at
Venice,
Where the Patrimonies of the Prince were not
aflign'd to the Ufe of the Army, a Governor or In-
tendant (i J was plac'd, who had Jurifdiftion in all
Caufes which concern d thofe Ellates : Some of the
( 0 This l^ntendaijt was flil'd, ; ken of In the firft Book of the
Cotncs rerum Vrivitarum^ to di- j Code : The firil in the TitU 33.
ftinguifh him from the Om€s the fecond in the 'IitU 34.
facri Matrimonii : Both are ipo-
JRoman
Benefices and 'Revenues, 51
Roman Clergy would have ufurp'd the lame Power,
wherever that Church had any, throughout all their
Patrimonies, and have been the Judges themlelves,
without having any more Recourle to the Civil Ma-
giftrate. But St. Gregory condemn'd and rebuFd
this Innovation, and tbrbad the Fradice of it under
Pain of Excommunication.
The Canon of St, Amhrofe^ call'd, Si "Trihutum (c\
is a Teftimony that the Eflates of the Church paid
Tribute to the Prince. And it is certain, that in the
Year 681, Conftamine Vogonatus ox Barhatus^ exemp-
ted the Roman Church from Tribute, which it paid
for the Patrimonies of Sicily^ and CaUhria ^ and
Jufiinian Ritmenus in the Year 687, remitted the Tri-
bute for the Patrimonies of Ahruz^r^o and Lucanla.
Yet the Romandmxcli drew not fo great Revenues
from its Patrimonies, as ibme have imagined ^ for
Hiftorians Ipeaking of the Confifcations of Calabria
and Sicily by Leo IfauruSy m the Year 732, acquaint
us, That they both yielded but 3 Talents of Silver,
and half a Talent of Gold *, which (not to dwell
on the Diverfity of Opinions concerning the Value
of a Talent) make no more than 2500 Crowns of
our Money : And the Patrimony o^ Sicily ^ tho' very-
large, amounted to no more than 2100 Crowns.
(c) Si tributum petit Tmpe-
rator, non negamus; agri Hc-
clefise folvaht tributum. bi agros
deftderat Imperator, potefta-
tera habet vendicandorum ; tol-
lateosj fi libitum Q(h\ Impera-
tori non dono (fcr the JEcdefia"
flicks having cnly the V{ufnM
andStcTvarcifiip, they cannctgive
what is not their even) Ted non
nego. Caufa 1 1. qu:ifl, I. capa^*
C HA F.
g2 Of EcCJLESIASTICAt
C H A P. X.
IT will not be foreign to our Subje£i: to know
the particular State of the Church, during the
time that the Goods of it remain'd united in one
Common-ilock, and under the fame Adminiftration,
tho' the Revenues arifmg from thence were divided :
But the fame Face of things was not likely to con-
tinue, coniidering thQ Differences which arofe be- '
twixt thote who had the Adminiilration, and thofe
who were luojeO: to it. So every Minifber began to
retain all the Offerings made in his own Church, and
convert them to his own Ule : Whereas before they
carried the Offerings to the Biiliop, who made a Di-
vidend of them. But as an Acknowledgement of
the Biihop's Superiority, every Minifter prefented
him with a 3d Part of thefe Offerings, and Ibme-
thing more, as a Mark of Relpe£t paid to the Epif^
copal Chair, which was call'd lie Cathedral (a)ii
They alfb divided the Lands, and afligned to every
Man his Share.
But thele Changes were not made in all Places,
nor all at one Time, where they were made •, nor
by any publick Edi^t, but in the Manner wherein all
Cuftoms are introduced, obtaining and enlarging
themielves infenlibiy, elpecially bad ones, which
make the fvvifcer Progrefs, and find lefs Oppofition. '
(a) Cathedraticum etiam non
amplius quam vetufti moris die
conftiterit, ab ejus loci Presby-
tero novTiis exigendum. Gela-
Jius Fabiano EptfcupOy anno 494.
Can, ^5. ^.3. caiifa 10.
Illud te Vclumus modls om-
nibus cuftodirej ne qui Epilco-
porum Siciliae de Parocliiisad te
perlinentibus nomine Cathedra-
tici cimplius quam duosiblidos
prselumant accipere ielagius,
Auno sHo. Can,^,
The Council o?' Braga bad
fix'ddiis Right 8 Years before,
Whilft
Benefices and Revenues. ^^
Whilft the Affairs of the Church were in this
Pofture, the Princes diflributed the publick Lands
among the Soldiers, upon Conditions of leveral Na-
tures, fbme of guarding th^ Frontiers, fome of fcr-
ving the State iii Civil Affairs, or in the Wars,
Ibme of defending the Cities and ftrong Places. And
thele Ellates, which in the Language of the Franh
aiid Lombards were calPd Fiefs ^ in the Liitin TongiTC,
which was not then wholly extind", were called ^e-
neficiay as held of the Princes Bounty (i^. For tm
lame Reafbn the Portions of Ecclefiaflical Eftates,
or thQ Right oi' polfeffing them, were alfb calfd
Benefices J becaule they were in that Re(pe£i: like Bi-
ihopricks given by the Prince ^ or by the B^'fliopj
who with the Permiilion of the Prince, conferred the
other Dignities : Befides that the Church-men are
conlider'd as a fort of Spiritual Soldiers, who keep
conilant Guard, and exercife a facred \Varfarc.
The Abbies beyond the Mountains by this time
being grown to vaft PofTefTions, the Mayors of the
Palace took upon them the Authority of makings the
Abbots : For which the Uiage ot thofe times in
making the Monks all of meer Laymen, gave alio a
fair Occafiori : Uiileis fbmetimes, as a thing of
Grace, th^ Monks had Leave to choofe an Abbot
themfelves.
In Itafy^ where the Wealth of the Monafteries
had not made them confiderable before the Year 750^
they had pafs'd unregtiarded by th^ Gothkk Kings,
the Emperors, and th^ Kings of Lomhdrdy •, 16 that
the Eledion remain'd Itiil in the Monks only, with
the Super-inteiidency of the Billiop.
(I ) That which Marculfc?.\h
AlunvA Reglum Is nothing but a
Lief, according to ^j<Junl.
Bigmn, Dedit r^ltur vlr i He per
ff7anu njira con^ui't fax iUi vil-
las nuncuf antes tun's^ quas aut
munere re;^zo, <ztit de alcd' Pa-
renium vel undecunq\ ad pnvfifis
tenere vidtf-ur. I Ah. x. formula
12.
34-
Of Ecclesiastical
But the Biiliops being become imeafy to the Mo-
ri afteries, by their alpiring to too much Power, the
Abbots and Monks, to deliver themjfelves from this
Siibje8:ion, betook themfelves to the Pope ^ beleech-
ing him to exempt them from tiie Biihop's Jurif-
didion, and to take them into his immediate Pro-
teftion.
This was gladly embrac'd by the Popes^ who
law their hitereils, in creating, by this means an
immediate Dependance on themfelves, in Cities be-
longing to other Governments ^ and in enlarging
their Authority over the Biihops. Behdes that it
imported extreamlyj that ib great a Body as that of
the Monks, who in thole times were almofl: the only
Perfons, who addided themfelves to Learning,
iliould depend intirely on the See of Rome, And
this Exemption quickly extended itieif to all the
Monafteries, which by this Means became more
clolely united to that See, and feparated from the
Biiliops (2).
CHAP.
(2) The Abbots, faith Fra,
JPach, UL2. Ccuncil of Trent,
i-efolv'd to withdraw themfelves
from the Obedience of the Bi-
fliops, befeeching the Popes to
take them under the Pro-
teftion of St. Vetevy fo as to be
under no Authorit)' but that of
the holy See: Who gladly re-
ceived them, as it turn'd much
to its Interef?:, feeing it is al-
ways theirs who obtain Privi-
leges, to fupport his Authority
who grants them. St. Bernard
detelHng this Innovation, re-
monilrates to Pop^ Eugene III.
the great Abule of an Abbot's
relulmg to obey his Biihop^ and
the Bifliop his Metropolitan :
That the ChurchMilitant ought
to govern itieif after the Exam-
ple of the Church Triumphant,
where an Angel never laith, I
will not fubmit to an Archangel :
But what would this Saint have
faid, had heliv'd in one of the
following Ages ? St. Bernard^
faith Me\erayy tho' a Monk, and
moll; zealous for the holy See,
loudly condemns thefe Exemp-
tions. For, faith he, to ex-
empt Abbots from the Jufif-
diition of Biihops, what is it
other, than to command them
to rebel p And is it not as mon-
ftrucus a Deformity in the Body
of
Benefices and 'Revenues. ^5
of the Church, to unite imme-
diately a Chapter or an Abbey
to the holy See, as in a human
Body to join a Finger to a Head r
But it is obfervable by the way,
That the Exemption from tem-
poral Rights, which the BIfliops
themfelves had granted them,
opened the Door to this Spiri-
tual Exemption.
Tune tibi licitum cenieas fuis
Ecclefias mutilare membris,con-
funderc ordinem perturbare ter-
minos, quos poCuerunt patres
tui ? Monitrum facis, fi
manui digitum lubmovens facis
pendere de capite, fuperiorem
manui, brachio collaterem.
Tale eft, il in Chriili corpore
membra aliter Iccas, quam dil-
pofuit ipCe- — SicuL Seraphim ^
Cherubim, ac cjeteri quiq; uiq;
ad Angelos, 6c Archangelos, or-
dinantur I'ub uno capite, Deo :
Ita hie quoq- fub imo fummo
Pontihce Primates, vel Patri-
archse Archiepilcopi Epifccpi,
IPresbyteri, vel Abbates, & le-
liqui in hunc modum— - Qiiod
: li dicat Epifcopus, nolo cfTe iiib
j Archiepilcopo : Aut abbas, nolo
I obedire Epitcopo, hoc de Ccel^
!non eit: I'Jifi tu forte Angelo-
'' rum quempiam dicentem rai-
Uiili: Nolo lub Archangelis
iefl'e, ^c, De ccnfiderat, lib. 5*
leap. 4.
CHAP. XI.
IN France y the Biiliops gave themfelves up inti re-
ly to fecular Cares : And feeing thofe who were
made by the King had no Rellraint on their Beha-
viour, it was lels to be expected the others ihould
have any, who were made by tho. Mayors of the Pa-
lace, when the Royal Authority was fo much de-
ch"n'd. The Abbots too had tlieir Avocations from
the Functions they were at hrft defign'd to ^ fur-
nifliing the King v^ith Soldiers, and going theniielves
in Perlbn to the Wars ^ but not to do the Duty of
Minifters of Christ, but to draw their Swords in
the Field (i).
(0 The Ufe cf Arms wds jlr- j celferit, & arma bel'ica indutus
bid by f^eChap. 61. lib. 6. cf tiieritadbenigerendiimabomni
the Captulars. Si quls Epilco- ciTicio deponatuTj in rantum \\c
pus, Presbyter, Diaconus, vel nee Laicam Communionem ha-
Sub-diaconus, ad l:»eHum pro- 1 beat.
D 2. This
36 Of ECCIESIASTICAJL
This flirniiii'd them with an Occaiion to take all
to themlelves, inflead of being contented with the
Fourth Part ^ 16 in this Military Capacity they
pUmder'd tlie poor Priefts who adminifterd the
Word of G O D and vSacraments to the People, and
had nothing left to maintain them : And this oblig'd
die People, every Man according to his Zeal, and
his Devotion, to contribute to their Maintenance out
of his own Eftate.
But tlie Difference betwixt the Liberality of Con-
tributions in one Place and another, occafioning
fometimes great Complaints, the Qiieftion grew.
What was the realonable Part for the Curate ?
And the received Opinion of thole times was. That
it ought to be determin'd by the Divine Law in the
Old Teftament, which gave him the Tenth. And
Seeing GOD had enjoin'd this to the JewijJj Na-
tion (a) it was ealy to reprelent it as due alfo un-
der the Evangelick Law ^ tho' our Saviour Jesus
Christ, and St. Paul, are lilent in it, farther than
to lay. That the People ought to make a neceiTary
?rovilion for the Minifier (1) and that he who la-
bours is worthy or his Hire (c) ^ and that thole who
lerve at the Altar ought to live by it (d) : But with-
out prelcribing any fix'd Proportion, becaule in
fome cales the Tenth Part would be too little, and
in others the looth Part would be liifficient.
But as this is a thing in itfelf fo evident, and I
Ihall have occaiion to relume the Subjed, and treat
(a) Decimas tuas non tarda-
bisreddere, Excd.22, Offbre-
tis decimas, & primitias ma-
nuum veftraruni, Deut. t2.
{b) Dignuseftoperarius mer-
cede lua, Luc, lo. ^ i X/w» 5.
(tO Oignusefl.operarluscibo
luo, Mattb. 10.
(d) Qui altari defervlunt,
cum Altari participant
Dominus ordinaviteis, qui E-
vangelium anunciant de £van-
gelio vivere, i Cor, 9.
it
Benefices and Revenues ^y
it more at large, hereafter, I will leave it now ^ only
with this Obiervation, That all thQ Sermons of thole
times, and for Ibme Ages after, without touching
on Matters of Faith, were all pointed to prove the
Obligation of paying Tythes (2) ^ v/hicli the Ke-
ceflities, and Incerefts of the Curates or Minillers,
induc'd them to amplify and enrbrce with all their
Eloquence : This; as it happens Ibmetimes to Ora-
tors, carry'd them fo far, as to place all Chriftian
Perfection in that one Merit of paying Tythes :
And not contented with Predial Tythes, they be-
gan to claim Ferfonal alfo ; that is to fiy, the
Tythe of every Man's Trade and Induftry, not ex-
cepting even that of Hunting, and the Soldiers
Pay.
As many of thefe Sermons are extant without the
Autliors Names, fome of them, through Miftal^e
or Defign, have been attributed to St. Auguftine^ and
other ancient Writers. But befides that the Stile
difcovers that they have been made about the Year
800 (3 J, Hiilory puts it out of all Doubt, that there
never
(2) A Preacher in the time i gainH: vvhich Abuie Jihuinus
of Charkma[':in inforni'd his ! inveighs in one or his Xe^/en,
Audience, I'hat they ought! In vdvo, faitb he, frater di-
not only to pa}' Tythes to the lefte, iili chariffime, perge in
Priells, but to carry them to opere Dei, & efto Praedicator
their Houl'es. i veritatisj, non Decimarum cx-
NecdebetisexpeftareutPref-'aftor; quia Novella Anima A-
byteri ^ Clerici alii decimas polliolicae Pietatis La6le nutri-
vobis requirant^ fed cum bona enda eft, donee crefcat:> conval-
voluntats vosiplifine admoni- efcat 6< roboretur ad acceptio-
tione debetis donare, ik ad do- ;• nem ibUdi cibi. Quid impon:^n-
mum Fresbyteri ducere. ' dum eft Jugum cervicibus Idio-
In the Appendix to the Ca- ' tarum^, quod neq-, nos neq; f'ra-
pitulars, p, i^l^' fee lib. 6. of tres noftri fuirerre potuerunt ?
thefe Capitulars, , C/6«]7. 192. Bp.-j, apud MabiUcny tern* <\..
where the Friefts are enjoin'd Ana]eB:orumy p» 279.
to preach to this Furpofe". A-i (3) Cardinal Teron faith,
D 3 ThsU:
58 Of Ecclesiastical
never were any T/thes paid either mjfrkl or in the
Eall:, and that they owe their Original to France (4),
as hath been before obfervcd.
That thefe Pieces were forg'd
by the Monks in the time of
Charlcwaijrny becaiile they liv'd
moll at that time by tranlbribing
JBooks. Pcrrcniana,
(4) The CctmcU cf Mafcon,
.Anno 585, proceeded toexcomu-
7i:cate thofe who paid not Tythes,
v^^tatiiimus, 6< decernimus, ut
mos antiquus a iidelibus repare-
tur, & decimas Ecclefiafticis
famulantibus populus omnis im
ierat, quas lacerdotes aut in
pauperum ulum, aut in Capti-
vorum redemptionem erogantes
luis orationibus pacem populo
ac lalutem impetrent. Siquis
autem contimiax noftris ftatutis
faluberrimis fuerit, a membris
I Ecclefise omni tempore iepare?
ttur. Can*'), in fine.
CHAP. XII.
Come now to luljy where for many Ages none
was ordain'd to the Priefthood, who had not at
tiie fame time fom.e particular Cure aflign'd him, un^
leis in thQ Cafe of lome eminent Man for Piety and
Learning, who would not accept tliQ Care of any
Pariili at his Ordination, that might divert him from
his facreci Studies. St. Jerom and St. Paulinw were
thus ordain'd PrieO:s, one at Antioch^ the other at
B arc eh f! a (a) ; and except on this Occalion, Anti-
quity knew no Diftinftion betwixt Ordination and a
Benefice, which v/as always afTIgn'd him, and which
gave a ilight to be entertained out of thQ Common-
5^t0ck of ttiQ Church.
(a) iBa conditione in Barci- [ Domini non etiam in loCum Ec-
nonfi Eccleiia confecrari addu(5t- j ckfix dedicatus. Paulin, Ep, i,
us liim, ut ipii Ecclellse non \cid Severum^ Num, JO.
aJlig'irwr in lac'Jrdotiuai taptuir^
Bi]t
Benefices and Revenues. 59
But when Church-men of Merit happened, by tliQ
Calamities of War, to be driven from their M:'n:'ftry,
and receiv'd into other Churches, where they were
maintained out of the Common-Purle, in the fame
manner with the Clergy of the Place. As any Va-
cancy happened, by Death or othervv^iie, it was filPd
by fome one of the ftrange Clergy, who being thus
provided for, was calPd Incardinatus^i') j and he who
Itepp'd into a Miniftry, having had none before,
was calPd Grdinatm.
This Ufage began in Italy before the Year doo,
when many Bifliops and other Clergymen were
plunder'd, and driven from their Cures, by the Ra-
vages of the Lombards^ and were thus replaced in
other Churches, as Minifteries becam.e vacant. The
Biihops were calPd Efifcopi Cardmales (h\ and the
Priells Freshyteri Cardlndes (c).
Now
(0 That is, fpeaking ftriftly,
ndmitted into a Society, tranl-
ferr'd, or tranfp] anted.
(b) Et tempoiis necellitas nos
perurget, & imminutio exigit
Perionarum, ut deilitutae Lc-
clefige vellrs falubri debeamus
dilpofitione luccurrere ; & ideo
fecundum deilderiuiii veftruin
fratrem & Cotpifcopum noil-
rum ilium, cu us Ecclella ell ab
hoilibus occupata, Cardinalem
veilras Ecclelise, ficut peti-
ilHs, conftituimus facerdotem,
quatenus vos de propitio, & or-
dinando, & vigilando, iolicite
ftudeat gubernare, cui dedimus
in mandatisj ne unquam ordina-
tiones praefumat illicitas. Ltber
Diurnus fumm^ Fmt^f* Tit. ii.
(c) Kxc vox, fa'rtb Onuph-
rius Povinius, //i bi-f Merprc
tatt:n of EccJefia/ircal Names,
eil frequens in Regiflro D. Gre-
gorii, 6c Epidolis Pontificuin
R.onian. Decretalibus, quibus
is Cardinalis dicitur Presb}'ter
vel Diaconus, qui certsi alicui
Ecclfix, vel Diaconiai proprius
6c adcerti alicujus tituli five Ec-
clcfias minifterium ordinatus., in-
fertus annexus, & ut ipl'e loqui-
tur incardinatus eft. Nam .':'t.
Gregorio idem eft, Cardinalein
conilituere in aliquo titulo, vel
Ecclella, quod incardinare ali-
cui EcclefiK, vel in' aliqua Ec-
clefia cardinare. Idem etiam
de Epijfcopis dicit quod de fua
Eclefia ad aliam neceiTitatis cauia
tranilatos,Epiicopos quidem Ec^
P4
CISUSG
40 Of Ecclesiastical
Now, the greateft Part of thole who were ib drir
vcn from their own Churches, betaking themlelves
to thofe of Eom^ and Havenna^ which v/ere the
x\zW^^ and had the moft Employments in the Mi-
niftery to give, and tliefe Strangers finding a wel-
come Reception there, both in regard of the Abun-
dance in thofe Churches, and of the great Concourle
it drew to them of the moil: eminent Perlbns of all
Kmds (which we fee continued to this Day) it rarely
happened, that any of tlieir own People were or-
daiif d, but commonly Strangers : And this was the
reaion, why in thefe two Chiu-clies, all who had
any Minift- y, were calFd Cardlndes : A Name which
ll:i1l remains in the Church of Rome^ but not in that
o^. Ravenna ^ which Taul III. abrogated in the Year
1543.
Thus the Name of Cardinal, which firft deriv'd it
ielf from a very low and abjed Condition, is, by a
Change of Signification, become a Title lb elevated,
tliat Cardinals are now laid to be, Quafi Cardines om-
mum ten arum (2) : And that which at firfi: was no
Degree
clefiae fuas, ilHus vero ad quam
Iranllati- funt, iacerdotes live
Pontiiices Cardinales vocat.
Where is to be oblerv'd^ T hat
by the Phrafe 7 near dinar e ali-
ijuem^ St. Gregcry means fomc-
times, To make a Bifhop.
MachUvel gives the fbllow-
jng Account oK tlie Original of
Cardinals. Under the Pontifi-
cate of Pafc. I. faith he, the
Curates of RciTie took upon
them the Pompous Title of
Cardlna's, as an addition to the
Honour of being the ncareft
3V:ini{lcrs to the lope'sPcrfon.
and of havingr a IhareinhisE-
lection : And their Authority
encreafed to that Degree, efpe-
cially after they had defeated the
People of Rome of the Right of
eleaing the Pope, that the Pon-
tificate almofl; always fell upon
one of them. Lib, i. Hifl, of
Florence,
(2) That is to fay, The
Hinges or Axis on which the
Government of the univerlal
Church turns. And according-
ly the Council of JBafil expref-
fes itfelf, i//:^. Cum fummo
Pontifici S. R . £. Cardinales in
dirigenda Chrifciaha Republica
CollateralesaflilUnt, necelfe eii.
Benefices and Revenues. 4 1
Degree nor Order in the Church, but introduc'd by
meer Accidents of Calamity, is exalted to that
Pitch of human Grandeur and Dignity, which wc
lee it in PoiTeflion of at this Day.
But whoever will look into tho, moll celebrated
Councils held at Rome^ will find that the Cardinal
Roman Prieils, in their publick Writmgs, have al-
ways figned under the Itdlan Bilhops ^ and that
even in after Times, no Bifhop was made a Cardinal-
Prieft.
The firfb Biiliops who were made Cardinals, were
Perlons of Note, who had been driven from their
Churches f, for Inilance, Conrade Biiliop of Mentz.^
who having been treated as a Rebel by the Emperor
Frederick I. was receiv'd with open Arms by Pope
Alexander 111. and made Cardinal of St. Sahln, \xi
thole Days, and until the time of Pope Innojcent IV.
the Cardinals wore no Habit, nor any Mark of Di-
ftin^lion. He gave them the Red-Hat on Chriflmafs^
Eve (i) in the Year 1 244. And Paul II. added the
Red-Cap (4) to be worn by all the Cardinals, except
liich as were Monks or Regulars : Yet to thele allb
it hath been granted lince by Gregory XIV.
ut tales inftituantur, qui ficiit
nomine ita re ipla Cardines fmt,
iyper quos oftia univerialis ver-
fe'ntur "& iuftenftntur Eccleilae.
Sicut per Cardinem volvitur
odium DomUS;, faith rug. IV.
Ita fuper hos fedes Apoilolica
totius Ecclefiae odium quiclcit
& iudentatur.
(3) Hie in vigilia natalis Do-
mini 1244. Lugduni in Con-
cilio generali 12 Cardinalibus
virls excellentinimis creatis ejus
quo fignificabatur eos etiam ca-
put iuum, fi opus elfet, pro
Eccleliadica Libertate tuenda
gladio offcrre debcre^, & prae-
lertim eo tempore quo Romana
Ecclefia a Frederico IT. Imp.
vehementer oppugnabatur.
Onuphr, Vanvin, annct, ad vit,
Inncc, 4"
(4) And alfo Houfings or
Elorle-clothes of Scarlet, when
they rode on Horfeback.^ ^/z-
bus etiam:, laith Flatina^ in this
Pope's Life, panum coccinei co-
ordinis hominibus proprium in- ] Joris-i d no dedit, quo Equos, vel
figne^ pileum rubrum dedit 1 Mulasjlamrcnt dam equ.itant»
We
42 Of Ecclesiastical
We have tlionght a flioit Deduction of this Iplen-
did Order, trom the Original, neceffary in this
Place, as it concerns fo eminent a Dignity, which
at this Day holds the lecond Place in the Church,
and for which, the World feems not to afford Titles
pompous enough C5). {Vrhan VIII. who reigns at
prefent, gave them th.z Title of Eminence^ by a ib-
iemn Bull (6).]
(5) That we may have every
thing before us upon this Sub-
jeft, vi\\:xt Me:(eray lays of Car-
dinals feems to merit a Place in
our Obfcrvations. ' In the Lire
* of VhlL AK^uflus, faith he,
< the Affiilance of lb many Men,
^ choi'en out of all Degrees, in
* the Weflern Church, which
*= fupply'd the facred College,
* contributed not a little to (up-
* port the Popes under the Bur-
* den of their AfEiirs, and to
* encreafe their Authority in
^ the mod diftant Countries ;
' but being thus agrandiz'd by
^ their Means, they delivered
^ themfelves from their Depen-
^ dance.
(6{ Thefe lad Words have
been added to the Original, in
the Italian, either by the Co-
piers or the Printers, who pro-
bably have miftaken a Marginal
Note for Part of the Text : For
Fra. PaoJowRs dead before Ur-
ban VIIL obtain'd the Chair.
CHAP. XIII.
FROM the Hill Eftabliiliment of tJiG Church,
until near the Year 500, every Priell, as we
have already ilievv^n, was ordain'd to fome particular
Cure or Miniftry, and liv'd upon' the Coramon-
Stock : And after Benelices came in uie, no Perlbn
was ordain'd, without a Defignation to fome parti-
cular Benefice for his Maintenance.
But in Procefs of Time, it becam.e the. Practice,
That if any Man well qualify'd for the Minillry
happcn'd to appear, tho' there were no Room, nor
Cenejfice vacant, the Biihop, for fear of loofmg him,
thought
Benefices and Revenues. ^j.^
thought fit to ordain him without Office or Title,
and confequently without Benefice, in Expeftation
of one becoming vacant. And theie Supernumeraries
widiout Title, were Co-adjutors to thole who had
Benefices ; who, for their Service, allow'd them a
Subfiftence.
But in time alfo this Ibrt of Clergy, without Be-
nefices, ehcreafing to an excellive K umber, and the
Beneficiaries growing weary of their Charity towards
them, it produc'd a Multitude of Scandals and In-
decencies, which it was necefiary to remedy by
Law ^ by which, the Biihops were oblig'd to main-
tain all the Clergy themfelves, whom they 16 or-
dain'd without Title {a).
This, at the Beginning, put lome Stop to the
Diltemper ^ which, tho' often Ibpprefs'd for a while,
as often return'd ^ for which there were two appa-
rent Caules : One was a prevailing Defire among the
People in thole Days, of getting into Orders, that
they might enjoy the Privilege of Exemptions, and
withdraw themlelves from the JurifdicHon of Princes:
The other was, an alpiring in Prelates to Dominion,
by encrcafing the Number of their Subjefts. Kor
have yet thele Dilbrders met with iiich a Remedy,
but that frequent Indecencies ftill happen in many
Kingdoms, to the great Diminution of the People's
Relpe^t for Religion.
(a) Eplfcopus fi aliquem fine
certo titulo de quo necf:ffaiia
vitae percipiat:> in Diaconum 6c
Presbyterum ordinaverit, tarn
diu ei neceHana fubminiflret,
donee in alitjua Ecclefia ei con-
natus de fua paterna haereditate,
vel alia honellatis caufa fublidi-
um polfit habere.
This Canon was made by the
Council of LateraU) under
Alexander III. and is to be
venientia flipendia Militis3 cle- j found in the 4th Chap, Extra d&
ricalis aiugnet. Nifi talis ordi- ' rr^bcndi^.
CHAP.
44 Of Ecclesiastical
CHAP. XIV.
N Either hath the Epiicopal Order itfetf efcap'd
this Abufe, fince Bifliops were begun to be
made only Titular, and by Derifion call'd NulU-
tenentes (i). Yet it cannot be faid but fbme more
Ceremony is uled in making thele, than in the Cafe
of other Priells without Benefices. For tho' Pdefts
and Deacons, and other inferior Minifters are or-
dain'd without any Cure aflign'd them, either real
or nominal, there is no Inffcance of a Biihop being
ordain'd without a Dioceis afiign'd him, from which
lie takes his Title, tho' it be in Partihus hfdelium.
But in that Cafe having no Ghrillian in his Dioceis,
and only a Name without a People, he lives by ler-
ving fome great Biiliop, wiio cannot attend the E-
pilcopal Functions, or thinks them too inferior for
iiim to officiate in Perlon. And thefe Titular Bi«
ihops, before the Council of Jrent^ were in great
Abundance, tho' now their Number is very much
reduced.
(i) That is to fay, Holding
ncthing^ A Spanijh Biihop main-
tain'd in the Council o{' Trent y
That a Biflioprick neceflarily rc-
quir'd a Dioceis ; that a Biihop
and his Church are Co-relatives
like Man and V\ iFe : That no
Footftepcan be found in all An-
tiquity, where Bilhops who
quitted their Bifnopricks, or
"were depriv'd ol: them, ever
pais'd afterwards for fuch, any
more than a Man, who hath
lofl his \V ife, for a Husband.
An Italian Biihop repy'd
That the Titular Bifhops having
; only the Power and Vertue of
j Order in them, their having
a C hurch was not necellary :
I That if in former Times no Bi-
fhop was ordain'd without ha-
ving a Church aflign'd him, it
was becauiVneitherPriefl, nor
Deacon was then ordain'd with-
out a Title: That fmce that
time, it had been found for
the Service of- GOD and the
Church, that there ihould be
Priefts without Titfes ; and con-
(equently Bilhops without a
Dioceis. Frd, ?adOy lib. 8. Giu^
Trent.
' Indeed
Bemfices and 'Revenues^ 45
Indeed feeing the Jeliiits have Halted a Qiieftion,
Whether the Pope hath Power to ordain Biihops
without any Title at all, real or nominal, and that
they have been pleas'd to decide it in his Favour,
we think it is beft anfwer'd by a Prayer, That
GOD would pleale never to fiiffer fuch Power to
be put in Practice, left the Reverence for this Order
alio be loft, which had been in general prelerv'd,
and with the higheft Obfervance towards all Eccle-
fiaftical Orders, while no Man was ordain'd that
had not a particular Miniftry adign'd him : And it
had this Elfe^t, that every Man was Relident, fmce
none could be found to Ipare, to officiate for ano-
ther.
As the Abule of Non-refidence was then utterly
unknown, i^o alfo was tht Diftindion betwixt Bene-
fices, which oblige to Refidence •, and thofe v/hich
do not. And were the Benefice rich or poor, or the
Bulinefs of it great or little, the Incumbent could no
way avoid ferving in Perlbn.
But after they began to ordain without Titles,
thole who had Titles were from hence fiipply'd with
Curates for fmall Salaries, which afforded the Ti-
tulars a convenient Leafure to follow other Bufinels.
Accordingly the Billaops in France^ and even the
Parilli-Priefts, fubftituting Ibme poor Pricfts in their
Room, pafs'd much of their Time at Court.
A little before the Year 800, this Abufe began to
be remedy'd, not by Laws or Ordinances, but by
Cenfures and Deprivations -^ which Severities fervid
to keep the Beneficiaries in fome Order. Yet tlie
Splitting of Benefices, Ordination without Titles,
and P.egulations for Refidence, could not, iii the
Progrefs of thefe Inftirutions, through i^o many
different Places, pafs without lome Variations in the
Praftice. Nor were they avoidable even in the liim.e
Church fometimes, firom tlie different Views and
Dcfigns
46 Of Ecclesiastical
Deligns of flicceeding Biihops, or the different Or-
ders and Provilions made from time to time by
Princes, to obviate the Diforders arifing from the
Wilfulnels of fome Churchmen, too bnfy or enter-
prizing ^ or the Reientment of fbme Layman, who
could not, with Patience, bear to be excUided from
the Management of Eccleliaftical Affairs.
CHAP. XV.
T Rings were in this continual Fluctuation until
the time o^ Charlemalgn^ who having brought
Jtaly^ France^ and Germany under his Subjeftion,
made Reformations in t\\^ Affairs of the Church,
by reducing the different Inflitutiong he found in
different Places, to one eftabliili'd Form ^ by revi-
ving many o1 the old Synod icai Canons that were
grown obfolete •, and by making feveral Ecclefiaftical
Laws concerning the Diftributions of Benefices, ac-
cording to the Exigency of the Times.
He reftor'd in part to the Pariila-Pricfts or Cu-
rates, the Eftates which (as we have already fliewn)
the Biiliops had taken to themielves ^ ordering, that
every Curate ihould have a Share aflign'd him of
th.^ Revenue or Fund calfd, the Mmfo.^i)
At this time the Cuffom of paying Tythes to the
Pariih- Church, which had been long eflabliih'd in
France J pafs'd into Italy. Only Charlemaign added.
That the Biffiop, as Super- Intendant and Paftor-
(0 That is to fay. All that
is necelTary for Subfiftence. As
St. Cyprian obferves in the Life
of CafariyA of Arks. Dc7iec
cmnes ab ipfo ejjent redempt'h so
ar<^ento^ quoAnteceJfor e]usEcnim
Ecckfix Aienfie reliquerat, in
Feodal ^latters^ we yet ule the
Word Tabu,
General,
Benefices and Revenues. 4-7
General, might regulate the Diflribution of Tythes(^)
according to his Difcretion.
And therefore in Places of Plenty, and where the
Tythes were large, the Biiliops dj'iftributed them le-
veral Ways : One Part they took t:o themfelves, ano-
ther they aflign'd to the Priefts of their Cathedral ^
and fbme Part alfo to the Monalit^ries, on Condition
th^y fhoiild appoint a Vicar in t:he Cure, allowing
him a convenient Stipend.
Befides this Appointment of the Bifhops, Ibme-
times the JN on-Parochial ChurCihes took to them-
felves ibme other Part, which in time they came to
defend by Prefcription. And Princes alio afiign'd
Tythes to Churches, for which tihey had fome par-
ticular Devotion.
Charlemalgn likewile rcftor'd to the Cities, the
Liberty of Electing their own Bifhops, allowing the
Clergy and the People to prelent; fome one out of
their own Diocels ^ who, whe n approved by the
Prince, and invefted by receivii ig the Crofier and
tht Ring, was confecrated by tl.ie neighbouring Bi-
lOiops.
This Emperor reftor'd like wile to the Monks,
the Liberty of Ele^cing their . A^bbots Qj). He or-
der'd farther. That Biihops If iOuld ordain Hich for
Priefts, as ihould be preientfjd to them by the Pa-
riiliioners.
{a) UtDecimce in poteftate
Epilbipi fint, qualiter a Presb} -
teris dirpenlentur^ Cap. 143.
lib, I. Capitular,
(b) Monachorum flquidem
cauiam qualiter Dqo opitulante
ex parte difpoluerimusj & quo-
nxodo ex ie ipfis libi clig..;ndi
lie entiam dederimus, &: qua;i-
te r quiete vivere, propoiltumq;
v idefeiTi cullodire valerent, or-
c iinaverimiLS:, in alia ichedu!a
' diligenter adnotari feciinusj &c
ut apud liicceflores uoftros ra-
tum foret, & inviolabiliter con-
j ferv-aretur, coniirrxiav imus.
Final/
48 Of Ecclesiastical
Finally he ellabliili'd the Ele£l:ion of the Pope m
the fame Method that had been praftis'd in the
times when the Emperors of the Eaft reign'd in
Rome • which was. That the Clergy and People
ihould Elecl, and the Decree of the Eleftion fhould
be fent to the Emperor, v/hich if coniirm'd by
him fc), the Eleft was to be confecr'ated;
True it is indeed j that after the Death of Charle-
maign^ the VVeaknefs of his Pollerity either in Power
or iniderflanding, gave Advantage to the Popes,
who were cholen by the People, to make themfelves
be confecrated without ftaying for the Emperor's
Confirmation : So Tafchal dealt with Lowis the Son
of the Emperor Charles j tho' he afterwards lent to
excnie it, pretending he was compelPd by the Peo-
ple to comply.
(c) See here the Oath, which
the Clergy and the People o\
Rome took to LcvjU the Debc-
nair^ and to Lothar'zus his Son,
Annoy 824.
Promitto ego ille per D eum
omnipotentem, & periilaqua-
tuor Evangelia, & per banc
crucem Domini nofti Jefu Chri-
fti, ik per corpus beatiffimi 'Pe-
tri, PrincipisApoftoIorum quod
ab hac die in futurum iidelis e ro
Dominis noftris Iniperatoribiis
Ludovico, & Lothario dicbns
vitae meae, juxta vires & intei^-
leilum meum, fine fraude ac
malo ingenio, falva fide, quam
repromifi Domino Apoftolico,
& quod non confentiam, ut ali-
ter in hac iede Romana fiat E-
leftioPontifi'jis^nijfl canonlce &
juftcj fecunduni vires ik intel-
kaum meum j 6; ille qui ele^us
, fueritj, me confentiente, confe-
I cratus Fontifex non fiat, priul-
: quam tale (acramentum faciat in
Ipraefentia Miffi Dominlci Im-
I peratoris, 6c populi cum Juni-
i mento, quale Dominus Euge-
nius Papa iponte pro conlerva-
tione omnium rh^aum habet per
fcriptum. Tcmo i. Capitid. pag»
647. vide Thegan ad annum ^2ji
Perduravit hasic confuetudo,
( faitb Onuphrius) ufq; ad Ee-
nedi«ftuifl 11. cujus lan<5litate
permotus Conftantlnus Impera-
tor, Heraclii pronepos, edi6lo
fuo juffit^ lit deinceps, quern
Cierus, Fopulufq- Rom. poni
tificem delegiffent. Is, nulla
amplius Imperatoris coniirma-
ticne expedata, more vetuHiif-
iimo itatim ab Epiicopis ordina-
retur. Annot, adi/it, Fela(zii II.
Some
Benefices and Revenues. 4.9
Some there are v/ho affirm, that Lewi^s renounced
the Right of confirming the Pope, and al'edge for
Proof^ thQ Canon Ego Ludovicus '^' j which hiany o~
thers of great Learning, and with great Appearcnce
of Realbn, maintain to be a meer Figment (2). But
it would be time mifpent to reaibn any longer npoii
it, feeing it is out of all Controverfy, that Lotharlus
and Lewis II. Son and Grandfbn of this Emperor^
confirm'd all the Popes elected in their times.
* Dif}incJ:,6y, Vide Flc rum
de Eledicnibus, in fine operum
Agobardi, cap. 6. ]?^^-. 2.58. &
ibi Baluzium. Vide etiani The-
gan. ^d. annum 816^ CS" 817.
(2) Witnels what Plalhia fays
in the Anfwer oi' Lewis the De-
bofiahe to the JDeputies from
the Pope, That the People and
Reman Clergy ought not to
contradict ancient Cuftoiri, nor
the Agreementoi dicrir Fathers,
and that they fhouldt^ke great
Care for the future, how thL-y
offended againft the Jmpyrial
Majefty. .
Paichalis nulla interpofita Im-
peratoris authoritate J^ontifex
creatur. Hanc ob rem ubi Pon-
tificatum iniit, ftatim legatos ad
Ludovicum inifit, qui ejus rei
culpam, omnem in Clerini &
populum reiicerent, quod ab
his vi coadus Fontiilcun^ mu-
Tjus obire. Acccpta hac tatif-
faitiorie Ludovicus refpondii.,
populo & Clero majorum infti-
tuta, & pa(£ta fervanda efle ;
caverent ne deinceps majellatem
Isederent. In vita Pajihaiis i.
As for the Audiprs, wlio
liave writ, that Lev^is the De-
bcnairc had renounced the RiMhi
of confirming the Popes, tis an
Error perhaps which might
ariie from what Vlatini reports
in the fame Life, which the
Librar}-K eepeiv^w^j'?^/;^.'^-, that
is. Chancellor of the holy See;
relates. That Leirpn granted to
Fafcbal the ible i ower of
choo/ingBilhops, to whole Con-
fecratlon the Conlent of the
Emperors was heretofore necef-
fary.
idem Eibliothecarius fcribit
Ludovicum liberam elig^ndo-
ruiri Epif:oporum potellatem
Paichali dedilie, cum antea t^
quoq; in re i mperatores con-
lulerentur : Quam potefcatein
ab Hadriano Pont. Carolo cbn-^
ceflamidem /.uthor refert.
For, admitting th^'t Levrii
had relign'd back to the Pope
the Right of. e'eiting Fifnops,-
^vhi7h I ope Hadnan had con-
conreh-'d on thermpe. ovCbailes
his rather, it doth 1 ot .bflcw,'
that he was depriv'd U' the
icweroi confirming the tkSi'
on of the Popes. Add to thi'i,
that the Canon P^^o Ludoijicui is
in a Stile very different from ali
the At\s of Charkjfjairrn and
Lewis, and tliat it h withc'iit
L'^ate or Seal.
i^ in
50 Of Ecclesiastical
In that Age, and the Times both preeeding and
following, when it fometimes happen'd, that the
Abfence*^ of the Prince occafion'd Delay of leveral
Months in the Confirmation and Confecration of
the Pope, the EleO:, however, did not alTert his
Choice by any Ail of Government, until he were
confirm'd, imlels Ibme Emergency made it neceflary,
and to fiipply a Defeft in the Adminiftration : As
it happen'd ir* the Cafe of St. Gregory : And he was
not call'd Eplfcofusy but only Ele^as : Nor did he
even hold the firll Place in the Church ^ but the
Arch-Prieft, who itifd himfelf, Servans Locum [an^<&
fedis j4fofiolica.
But after that Princes were excluded out of the
Election, as fliall be iliewn in its proper Place, there
was but a fmall Interval of Time betwixt Election
and Confecration. However it was not faid that
the Popedom was conferr'd by Eledion only, but
by Confecration alfo : So that if the EleO: came to
dye before Confecration, he was not placed in the
Catalogues of Popes. Of which one Stephejiy ele&d
^ in the Year 752, after the Death o^ Zach arias ^ is an
Inftance, who, tor not having been confecrated, was
never reckoned in the Number (d).
By what appears, Nicholas II. was the firft Pope
who decreed, in the Year 1059, That if at any time
the Pope, through the Calamities of War, or other
EfFed of Malignity and Perverfenefs, could not be
crown'd, he fhould neverthelefs exercife his Autho-
rity, as the true and lawful Pope, in governing the
(d) Licet defunfto Zacharia,
(faitb Platina, in the Life of
rope Stephen II.) Stephanum
quendam Presbytcruni Roman,
i'ontificem Populus Statim cre-
aflfet, qui tertia die Pontificatus
fui, duni res domefticas difpo-
nere incipit morbo'Apoplexiae
correptus interiit,
'Reman
Benefices and Revenues. 51
^oman Church^, and in diipoiing the Goods of the
holy See.
However there are Ibme Traces lefc of the ancient
XJiage, for if the Pope make a Bull before Conlecra-.
tion, he doth not lay, Pontificatus ?2ojh'i ^^?nio i, birc
only, A Diefuceftl a nobis Afoftulattis Officii -p. And
there want not thole who maintain, That the Pope,
before his Conlecration, ought not to ftile himfeif
Efifcofusy but Ele^lus ^ and tiiat he hath no Right to
iifue Bulls. Infbmuch that this Right being con-
tefted with Clement V. he publiih'd a Bull "in ths
Year 1 30^, to forbid under Pain of Excommunica-
tion any fuch Qiieftion to be brought into Dilpute ^.
So that it is now a lettfd Point againll the Opinion
of all Antiquity, That the Pope receives all his Au-
thority from his fole Election by the Cardinals. And
it was in this View that die Writers of thofe times
have, with Ibme Pains and Contrivance, inlerted
this Stephen (3). whom we have lately mention'd,
in the Catalogue of Popes : And to hniih their De-
lign, they have therefore given themlcivcs the Trou-
* This Decretal is reported
hy GratlaUi dift, 23. camn in
nomine Domini, i.
\ That is, from the Day of
our having undertaken the A-
poltleihip.
* This Decretal is in the
Extravagant's Conimun. lib, '^.
ca^, 4, tiU 10. Vide '^chn de
Selvo de Beneficio, part, 1.
quefl. 2. 6c Bla^,Ortix, in Iti-
lierario Adriani 6. cap, 7,
(3) Oniipbrius PanviniuS) an
Author wholly devoted to the
Church of Rome, has not rec-
koned him as luch^ neither in
his Catalogue, nor Chronicle of
the popes. He only mentions
him In thefe Terms: Jintc^udm
tamen Stepbnnus c^tudam ryes'-
byter a PcpuJo creatus ttrtia pcji
die cbiit. In Catalogo. V\ here
is to be oblerv'd, that he names
Stephen II. immediately alter
Zacharim'^ whereas he ilioull
have nam'd the Stephen in qiie-
ftion be'bre Sisphen II. who
would have hetn Stephen l\\,
if the other had been aaually
Pope, and lo acknov/ledg'd.
Thib fllc^V3, That at that tim-r
to be Elefius, was not all that
was necellaiy to be Epifcopuis %
and that a Man did not be jonie
Epifc:pi<%-i but by Conic .-rati^.n,
which 1-bllow'd ibe hicdion.
£ 2 b!e.
5^^ Of EcctESIASTICAL
ble to change the Knmbers of all the following Ste-"
fhens that were Popes, calling the iecond, the third ^
the third, the fourth ^ and lb all the reft conlequen-
tially to the Ninth, which they make the Tenth C4)
with vafl Confulion and Contradidion among the
old and ntw Writers, who are thus made to give
one another the Lye, and only for the Interell of
maintaining this iingle Point ■^.
(4) The fame Pavinius in his
JSfctes en the Life cf Stephen V,
explains the matter^ viz. That
Stephanus YI. dicendus eiiet,
non V. quod ante Stephanum
illumj quem Platina fecundum
vocat, fuerit Papa Stephanus
alter qui tridub tantum vixit :
Non enim plus vel minus Vi-
vendi ratio aliquem verunl Pon>>
tificem facit, led vera & legiti-
ma comitia, quibus Stephanum
ilium renunciatum eife conilat.
Jdeo ^ in Stephanis numerroruin
mice mutandxy £5" qui alits efi
2, 3, 4, 5. hie debet ejfe 3, 4>
5, 63 ^c. ufq\ ad 10,
^ The J)ead have nothing
left but Reputation, and to go
about to deprive a Writer of his
Veracity, is the only v/ay of
robbing him. And thus the poor
dead Authors were charg'd with
a Falfity arid Inlincerity, which
hath not been fet to Rights a-
gain in Ibme Ages.
CHAP. XVL
T is plain the Government of the Church in its
Beginning was intirely Deniocratical, All the
Faithiiil having a Share in all Deliberations of Mo-
ment. Thus we find them all aflifting at the Ele-
^lion oi Matthias to the Apolllefhip (i), and of the
^Qv^n Deacons (2) : And . v/hen St. Feter had re-
ceiv'd the Centurion CGrnelius^ who was a Gentile (3),
into the Number of Believers, he gave an account of
it to the whole Church f 4).
(i) Aa. T.
I C3) Aa.-io*
* (4)Aa. II.
Thus
Benefices and Revenues. 55
Thus the famous Council of Jerufalem was com-
posed of the Apollles, the Piiellsj and other Bre-
thren in the Faith •, and the Letters which were
writ from that AfTembly, went in the ^t^ame of thofe
Three Orders (^)
But as the Church encreas'd in Kunibers, the
Faithful neglefting to affill any longer at thofe pub-
lick AiTemblies, and withdrawing themfelves to the
Cares of their own Families, the Government refted
fblely in the Minifters of the Church, and ib inien-
libly became Ariftocratical •, which brought all Af-
fairs to have their Determinations by Councils :
Excepting as to Eledions, which continued Po-
pular flill. The Biihops of the fame Province af^
lemblcd with their Metropolitan at leaft twice a
Year, and made a Provincial Synod. The Clergy
with their Biihop made a Dioceian Synod. And
almofl daily they held an Aifembly, call'd TheCon-
fifiory^ in Emulation of the Imperial Council of
State, and as if they affefted to rank themfelves
with the Council which carryM that Name.
In this Ecclefiaftical Confillory, which was com-
pos'd of all the principal Perfbns of the Churches
in the City, affiiled by the Bifliop, all the Affairs of
the Church were propos'd, debated and determined :
A Cuftom every where fmce aboliih'd, except at
Bome^ and there the Shadow of it only remains.
.But after Benefices were erected, that the Prieils had
their Maintenance apart, tliey made the Intereil of
the Community fo little their Care, that they ceas'd
to go any longer to the Coniiftory, which thus iell
into difufe, and was held no more.
{a) Tunc placuit Apofcolis: manus eorum, j^poftoli, & fc-
& fenioribus cum omni Ecclefia niores Fratres, his qui funt An-
piittere Antiochiam viros pri- tiochisa & Syriae, 6^ Cilicias,
mos in fratribus fcriber.tes per fratribus ex gentlbusj Salutem,
E 3 Tq
54- Of Ecclesiastical
To fupply this Fiiilure, the Biihops held an Al^
fembly of all the Clergy of tlieir Cathedral Church,
to ailift in their CouncUs, or otherwife to admini-
fter in the Spiritual Government. And thele re-
ceiving their Subfiftence out of the Conimon-ftock,
either by the Year, by the Month, or by the Day,
were calfd Canonici ^Canons] from the Word Canouy
vs^hich in the Weftern Empire lignify'd liich a Mea-
Hire of Corn (b) as was Hifficient to feed a fingle
Man, a Family, or a City. And this Inftitution
of Canons took riie a little before the Reign of
Chariemaigrty by whom alfo it receiv'd fbme Ipi-
provement in its Regulation.
(b) Canon {faith John Cal-
vin zn his Lexicon) in Conlli-
tutionibus Imperatoriis, anni-
verfariam penfltationem, col-
lationem, $: prseftationem figni-
ficat, qu» a Provincialibus
cjuotannis populo vel Romano,
%'el Conftantinopolitano gratis
iiiittehatur, & Ipeciebus his
conftabat, frumento, vino,
carne, oleo, ^c,
Andi it is this Canon which
Cajjlcdcr means, and which he
commands the Venetian Tri-
bunes to fend in their Barks to
'Ravenna,
Data Juffione cenfuimus, ut
Iftria vini &olei fpecies ad Ra-
vennatem dirlger<et manfionem.
Sed vos qui numerofa navigia
in ejus confinio poflidetis, pro-
videte, ut quod ilia parata eft
tradere, vos ftudeatis iub cele-
ritate portare. As for Canons,
Rara avis in terris (faith the
Abbot Valuinus) Canonicus a
Canone vitse. Unde ergo ? Au-
di unde, eft namque Canon vi-
tae, & eft Canon pecuniae, vi^,
alicujus penlionis certa;, unde
folet dici, folveCanonem meum,
Ejaergo, bCanonice! invenia-
mus Canonem tuum a quo de-
rivaris, a Canone pecunise, non
vitae, id eft, Canone Regionis,
non a Canone Religionis. In ho-
mlia dn Zi^ania,
CHAP.
Benefices and Revenues. 55
CHAP. XVII.
IT is yet farther to be obierv'd, that in thofe
times the Benefices and Revenues of the Church
were grown to that Size, that they became Rewards
for the principal Men of the Court and Cities, who
were made BiJhops, fo the Biihopricks fell to their
Share, to whom alio the Prin^ had committed a
great Part of the Civil Government : At firft only
on extraordinary Occafions, but after, finding Af-
fairs go well in their Hands, they were conftantly
employ'd, tho' not every where in the fame Qiiality
or Station;, but as the particular Affairs of the Place,
the Abilities of the Bifhop, or fometimes the hica-
pacity of the Earl or Comes requir'd ^ v;hich De-
feat was then fupplied, by fubflituting the Biihop
in his Room.
And hence it came, that when the Poficrity of
Charlemaign fell into Hich a State of Degeneracy, as
to fink at laft into the moil profound Ignorance of
thoie Ages, the Bifliops thought it advilable no
more to acknowledge this Authority as derived
from the Prince, from whence it realy came, but
to aiTum it to themfelves, and exerciie it as a Right
peculiar to their Fundion, under tht Name of i^V-
clefiaflical Jurlfdi^ilon,
Such was the Original of this Power, which we
now fee continually and fo defpcrately conteiled^
with Princes, even to the endangering the Peace of
the beil Civil Governments, and throwing them
fometimes into Convulfions.
E4 CHAP.
56 Of Ecclesiastical
CHAP. XVllI.
TH E want of Spirit and Genius in the Prin-
ces of Charlemaigns Pofterity, fo requifite to
fit them for Empire, made his Statutes of no long
Duration ^ lo that the firfl Diibrders regain'd apace. '
The People, in few Places, and very rarely had any
Share in the Eledion of the Biiuops, and leis in
that of the other Minifters of the Church. The
Biihops ordain'd whom they pleasM, and difpofed
Benefices with the lame Liberty : Except when the
Prince pleas'd to recommend any Man, and then
they never faii'd to obey. The Pope was always
chofen by thz People, and confirm'd by the Empe-
ror before Coniecration, and the other Biihops of
Italy were never coniecrated, until the Emperor had
hril approy'd them : And this was yet more ftriclly
oblerv'd in France and Germany.
When the Pope would favour any Man's Preten-
fi ons to a Bi/hoprick neighbouring to Rome^ he ap-
ply'd to the Emperor to defire his Nomination.
And i^ it happen'd that the Pope were apply'd to
for his Confecration of a Perlon who had not the
Imperial Letters of Licence, he refus'd Confecration
till iie obtained it.
Bitt the Poilerity of Charlemaign having been dri^
vca out ox Italy in the Year 884. Pope Hadrian IIL
ordain'd. That th.Q Popes fhouldy for the future,
be confecrated, without applying to the Emperor(^)
at all. In
{a) Hadrianus TIT. faith PI a- 1 populumq; rctulerit, an. Dom.
tmd.intheh'<iinnmgcfhisltfi!-:,\'ig<,, ne in creando Pontifice
■tanti anirni tuit, ut initio Pon- j imperatorisauthoritas expe<rta-
tliicatus iui ilatim ad ienatum retur^ utq: libera elfent, &
Cleri
Benefices and 'Revenues 57
In treating on this Subjefl: of Benefices, it will
certainly not be forreign to our Pnrpofe to take No-
tice 'of the Popedom itfelf, as we ihall again have
occalion to do in the Sequel of this Diicourfej fee-
ing it certainly is defervedly to be rank'd in the
Number of Benefices-, and as it has been cxprelly
fo Itil'd by Clement III. in a Time wherein the Pope
had not only afcended to the higheft Pitch of hu-
man Greatnels, but had taken alfo a particular Stile
of Dignity to diftinguiili him from other Biiliops.
Nothing is more known, than that the Names of
SanBuSy SanEiiffimuSy beattiSy Beatiffimus^ were com^
mon to all Believers in Christ, when all Men un-
der that Profefllon, were alpiring to an abfolute Per-
fe£lionofHolineis. But when Secular-men became
more engag'd in the Affairs of the World than was
expedient or decent, and fo quitted their Titles to
thole blefTed Names, they fell to the Share of the
Ecclefiailicks only.
And after the Remifriefs that was found in the in-
ferior Clergy, from their primitive StriO:nefs of Life,
thefe Names remain'd to the Biihops only •, but
when they too came to fink in their Charafters, by
too eager a Puriiiit afcer the Things of this Vv^orld^
the Biihop of Rome alone retain'd thele Titles, in
whom they ftill continue, not as Defignations of
Vertue, but of Grandeur and Power.
Cleri & Populi Sufrragia. —
Quod quidem Inilitutum a Ni-
cholao I. tentatum potius quam
inchoatum. Illeclumcredohac
opportunitateHadrianum, quod
Carolus {thU was Charles the
Crofs) imp. ab Italia cum Exer-
citu diicedens in Normanos re-
t)ellantes moverat.
The lame Flat may in the Lite
Q^Vo^Q Haddan II. laith; that
Lev:ii ths Star?imerer approvd
the Remans having put the Pope
in Polleffion of the Popedom
without ftaying for the Confir-
mation of the Emperor : On
which" falfe Step, '"tis pro-
bable, Adrian 111. took the Re-
iblution of exduding the Em-
peror from the Eledion of the
Pope.
As
58 Of Ecclesiastical
As for the Name of Pomifexj it was, and is a
Islame common to all Biihops ^ and there are fome
Canons ftill extant. Wherein all Biihops are ftil'd
Summl Pomifices {h). And even the Name of Papa^
which leems to be a Title moll pecular to the Pon^
tifex Romanusy was given indifferently to all Biihops.
St. Cyprian^ Biihop of Carthage^ is call'd Papa ^ St.
"jjerom gives this Title to St. Auguftine : And in later
Times Sidonius Affolinaris^ and many of the Biihops,
ftile one another by the Name of Popes (c).
And we find in the Decretal of Gratlany Titles of
ieveral Canons, wherein Martin Biihop of Bragua
is call'd P<«/>^.
GregoryVlL was thefirll who in the Year 1016 (d)
decreed that the Name of Pope iliould be peculiar
to him and his Succeffors, and be afcrib'd to none
but the Roman Papa (e).
And
(b) Vide Wtticbhid, pag. 22.
2^iember 10. Omnia (faith the
Capitular of Aix la Chapelle)
fummis Pontificibus debentur,
6: non Chorepilcopis, qui nee
iummi Pontiiices nee Epifcopi
fuerunt. cap, 6, anno 803.
(f) Hanc voceni, (faith Pan-
vinius in his Interpretatim of
Ecckfiafiical Names) onmes an-
tiqui Chriftianorum Epifcopi
]^ro Patre, & five majore Patre
frequentarunt, & prxfertim
magnarum (& iniignium urbium,
ut Romge Carthaginis, Alexan-
drix, Antiochiae, Hierololymo-
Tunij^r. Cornelius enim E-
pifcopus Romanus, & alii multi
in Epiftolis fais Cyprianum
Carthag. Epifcopum Papam &
Papatem vocant. Dionyiius A-
lexandrinus Ep. Heraclam Pre-
decefTorem fuum in Epifl;. ad
Philemonem Presbyt, Roman-
um beatum Papam nominat.
Similiter Athanalius, Theophi-
lus & Cyrillus Epifcopi Alex-
andrini Papae dicuntur. Sidoni-
us in Epiicopis fuis paflim om-
nes Galliarum Epifcopos Papas
appellat. Vide Savoronem ad
Epifi, I. lib, 6. JEpifl, Sidonii
Apolinariis,
(d) In a Council held at
Rof7?e. Vide Sirmond ad Enw*
diutriy Lib, 4. Ep, i.
(e) Haec vox (faith Panvi-
nius, ibid.) poft Gregorii I.
tempora, reliquis Epiicopis a-
dempta, foli Romano Pontifici
attributa eft, qui & Apoftolicus
eft aliquando did us, ob praeci-
puae Apoftolicse fedis, cuiprse-
eft, reverentiam.
In
Benefices and Revenues. 59
And this Matter was cariy'd fo high, and with
fo much Appearance of Party-rage and Fadion,
that Anfelm Biihop oi^ Lucca, one of his Followers,
hath not fcrupl'd to fay, That it is as abfurd and
impious to fuppofe there are more Popes than One^ as
that there are more than One GOD.
In which Fanvlnim and Frd.
FaoJa are very different, but as
the firfl: liv'd in the Court of
Jtowe^ it look'd like a CompU-
ment to that Court, to dilTal-
low the Name of Pope to the
Bifliops, 4 Ages before the
Pontificate of Gre^crj' VII. But
tho' this Pope had taken it a-
way from the other Biihops,
yet Urban II. his Succellbr
fcruples not to call Anfelm
Archbilhop of Canterbury y Pa"
pam alterim crbif.
CHAP. XIX.
BU T to return to the Times immediately fol-
lowing the Line of Charlemaign, France gave
Birth to an Invention, which tho' it leem'd to be all
in Favour of the Laity, yet prov'd an immenle Em-
creafe of Wealth to the CJiurches. This was a
Contraft cail'd Frecaria (i) ^ by which, whoever
(i) The Vrecaria were in ufe
from the time of St. Augujiine,
Witnefs Pofftdm in his Life,
chapj. 24. and the Monk Mar-
cuJJhs in his Forwulce,
Add to this the Canon i8.
CcnciUi Epaonenfis, held under
Cblldeberty anno 517. Cierici
<]uod etiam fine precatoriis qua-
libet diuturnitate temporis de
Ecclefi* remuneratione poiTe-
derint cum authoritate glorio-
filliitii Principis noftri^ in jus
proprietarium praefcriptione
temporis non vocetur, dummo-
do pateat Eccleiije rem fuifle :
Ne videantur etiam Epifcopi
adminiftrationis prolixae, aut
precatorias, cum ordinati funt,
facere debuiffe, aut diu tentas
Ecclefiae facultates proprietati
fu3e polTe tranfcribere. Vide
1 Can, I. Concil, Agath. anno 506,
j Can. 7, ^ 45 • AureJian. i.
\ anno '^11, Can, 2^, AureL 4,
' Can, 34. Ztfgd, 2. Cap, 5.
made
6o Of Ecclesiastical
made a Gift of his Ellate to the Church, had the
Profits or Ufufruft returned him again, and twice the
Vahie belides, during his Life. And to thole who
would quit their Ulufru6t alio to the Church, fhe
gave three times (a) the Value in other Ellates of
die Church to enjoy in Exchange : And this Uiage
pafs'd from hence into Italy.
For the P relent, this Contrail turn'd manifeftly
to the Advantage of thofe who trebled their In-
come, and of fuch as had no Children, or who
were more concern'd for their prelent Advantage
than for their Families : But in Truth the Church
was the Gainer, which after the Death of the Pp-
nor Iwept all.
From this Time until the Year 9^3, during the
Space of 80 Years, wherein Italy laboured under the
extreameft Confulions, as well in the Civil Govern-
ment as Eccleliaftical, efpecially in th.Q Papacy (b)^
we muft not expeft to find any Traces or Form of
good Government in the Church, but a nieer Chaos
(^a) This was order'd by the
Canon 22. of the Council o'i
MeauXi i n 8 4 5 . Precari se aute m
a nemine de rebus Ecclefiafticis
iieri praefumantur, nifi quantum
de qualitate convenienti datur
ex proprio, duplum accipiatur
ex rebus Ecclelise in fuo tantum
<qui dederit nomine^ ii res pro-
prias & EccleliaiHcas uliifr U(ftu-
ario tenere voluerit. Si autem
res proprias ad prseiens dimile-
rit, ex rebus Ecclellallicis tri-
pulum fruc^uario ufu in iuo
tantum quis nomine iumat.
This Council therefore, to
whom Fra, Paul Teems to attri-
bute the Inftitution of the Tre-
carla^ h not the Autlior of it.
■Its Decree bein^ only a Con-
firmation of an Ufage eftablifh'd
long before. Where is to be
obleiT'd, That^ at i^rft thefe
Vrecar'ia belong'd to none but
Ecclefiafticks, and that after
Seculars were alio admitted,
and even before the reign of
CharUmaign^
(b) Platina in the Life of
Fcrmcfm I. laith^.That by a
ft range Fatality the Sanftity of
the Popes ended with the Spi-
rit and A(ftivity of the Emper-
ors. And in the Life of Bene^
dicl, IV. he faith, Acciderat
huic getati, ut homjnum induil-
ria in quovis genere virtutis con-
fenefceretj nullis calcaribus ad-
hibitis, quibus'hominum inge-
nia ad laudem excitarentur,
of
Benefices and Revenues. 6i
of Impieties, and a general Preparative and Fore-
runner of the miferable Revolutions and Difouders
which foUow'd.
Popes were then excommunicated by their Suc-
cefTors, and their Ads caiied and annuU'd : Kot
excepting the very Admin -'ft ration of the Sacra-
ments (c),. Six Popes were driv^en out and dethron'd
by thole who alpir'd to their Places (<^). Two Popes
put to Death 0, and Pope Stephen Vill. wounded
{c) Stephanus VI. (faith
Platina in his Life) tanto odio
perfecutus eft Formofi nomen,
lit ftatim ejus decreta abrogavo-
rit res geftas relciderit —
Arbitror hoc odium ex ambitio-
ne ortum fuifle, cum jam eb
deveniffent Eccleliaftici, ut non
coaili^ut antea/ed fponte^& lar-
gitionibus Pontificium munus
obirent Res peilimi exem-
pli cum poftea fere Temper Ter-
vata haec confuetudo ilt, ut aAa
priorum pontificum fequentes
aut infringerent aut omninb tol-
lerent.
Romanus I. did the fame to
Steph, VI. which Stephen had
done to FcrmcfuA* Stephani Pont,
decreta ^ a8:afiatim improbat^
abrcgatq\ faith Platina in his
Life. And Thecdorus II. autho-
rized all the A(fts of Fcrmofus,
and favour'd his Adherents,
faith the iame Platina, John X.
who fuceeded Thecdorus con-
firm'd alfo the A(fts of Forme-
fuSy and condemn'-j the Judg-
ment 0*1 Stephen VI. declaring,
that he had unjufty annulled
the Ordinances made by Br-
tfjofuu
Habito 74 Epi(coporum con-
ventu («f Ravenna) <:s: Stephani
res geftas improbavit, «!<c For-
mofi 0(fta reftituir, dijudicans
perperam a btephano factum
qui cenfuit eos iterum ordinan-
dos cffc;, quos Fcrmoliis ad
lacros crdines afciverat. (^Pla-
tina in vita) And Sergius IIL
reftor'd all thole whom Fcrmc-
fus had degraded from the
Priefthood. {Platina,)
(d) Leo V. was dethron'd
and imprifoned by Chriflcpbe*
rus, who had been hi-, dcme-
ftick Chaplain. Chrificpherus
was dethroned in the 7 th Ivionth
and put into a Monaftery, the
ordinar}- Exile of Church mcrn
in thofe Days. (Platina.) ' ■
(e) ^obn IT. (according to
Panvinini, who doth not reci^on
the Papels 'yean with Platina) tri
vincrda conjecius cervicali rn cs
coijecto, necatur (l-jatina in vita)
I do not £nd in this Hiftorian,
ncr m Pan-Jimus-
the other
Pope whom Fra, Paola men-
tions to have been kill d.
in
6l Of ECCLESIASTICAI.
in the Face, with fb much Deformity, that he ne-
ver after appear'd in Publick f/).
Theodoray a famous Courtizan, by the Intercft and
Faftion ihe had then in Romej got her profefs'd Lo-
ver chofen Pope, who was call'd JohnX, (g). And
*3ohn XL was cholen Pope at the Age of 20 Years,
the Bailard of another Pope (h)^ dead 1 8 Years be-
fore. And in fhort, fuch a feries of wild Difbrders
gave occalion to Hiftorians to fay, That thofe Times
froduc'd not Pofes^ hut Monfters (i).
Cardinal
^ (f) Stephanas VIII. ut Mar-
tinus refert, in feditione muti-
latusj turpiter aliquandiu vitani
duxit, cum ob inhonefta vulnera
(probably the Nofe and Ears rvere
cut off ) prodire in publicum
crubefceret. (Platina in vita.)
{g) This Hiftory is related
hy Zmtprandy lib, i. cap, 13.
Onupbrim Panvinim faith^ that
this Pope was not the Son of
Pope Sergim III. as Platina
tells us.
(h) ViX' o? Sergim III. and
of Marc^ia, Daughter of the
Curtezan Theodora, who pro-
ftituted her Daughters to the
Popes.
Joannes II. (faith Panvinius)
Sergii Papse & Marocise nobilil-
fimx inter Romanes femins
(Jhe was Widow of Guy Mar-
^uifs of Tufcany) iilius matris^
cjux tunc in urbe potentilTima
erat, authoritate & ftudio fuc-
celTit pofl Leonem VI. &
Stephaniim 7. Platina calls him
^chn XII. Joannes XIJ. patria
Romanus, patre Sergio Pcnti-
(i) Ubi cum ipfis opibus,
(faith Platina in the Life of
EenediaiV.) Lafcivire caepit
Ecclefia Dei, verfis ejus culto-
ribus a feveritate ad Lal'civiam,
peperit nobis.tanta Licentia pec-
candi haeci^ortenta, a quibus
ambitione& largitione, fancftif-
lima Petri fedes occupata eft
potius quam polTelTa. Baronius
calls thefe Popes, fedis Apoftoli-
cae invafores, non Apoilolicos,
fed Apoftaticos an anno 908,
Fra. Paolo makes a very judi-
cious Refledion on the Difor-
der of Eledions in thofe times.
I have not found, laith he in
one of his Letters, Realons fuf-
ficient to prove the Truth of
the Hiftory of Pope ^can, no
more than I have met with any
to convince me of the contrary.
However, to Ipeak fincerely, I
incline to the Opinion of its be-
ing falfe, but not for its AlDlur-
dicy, that Age producing things
as extraordinary ^ a Lady s
being i'apefs.
1 he Perfecutions rais'd by
many of the Popes again ft the
. Memory
Benefices and Revenues. 63
Cardinal Baronius, being under fome Difficulty
liow to treat thefe Corruptions, faith. That in thofe
Days the Church indeed was tor die mofl part with-
out a Pope, but not without a Head *, its fpiritual
Head Christ being in Heaven, who never aban-
dons it.
In Effeft it is certain, that Christ hath never
yet forfbok his Church*, neither can his Divine
Promile which he hath made us fail, That he will
be with it even to the End of the World (k .)
And on this occaiion it is the Duty of every Chri-
llian to believe with Baronius^ that the fame Calami-
ties which happened in the World at that time, hath
happen'd alfo at another : And, tliat as the Alll-
llance of Christ alone prefer v'd the Church in
thofe Times, 1h hath he afforded that Shield of
Defence to his Church, and will continue it to h^r
in all the like Events and Accidents of this World i
So that a Pope was not necelTary to the Exiftence
of a Church, even tho' there Ihould never more
have been a Pope (2).
A Man may eafily make a Judgment to himielf
how the reft of the Churches o^ Italy in thole times
Memory of their PredecefTorSj j cum fum omnibus diebus, ufq;
whofe A<5ls they annuird, and j ad conlummationem leculi.
even in Councils, being things
Matt, ultimo*
of no lefs Confequence. Befides
where is the great Difference
betwixt making a Woman Pope,
and a Child of 1 1 Years of T^ge,
fuch as Beuedz^ IX. was : ]\ot
to mention J'obn XI, and XII.
who were little older.
(k) Rogabo Patrem, & alium
(2 J Plane (faith Baronius ad
anno 908.) opus Dei eflfeRoma-
nam Eccleliam, qu32 tot admc-'
tis facibus non potuerit ad inte-
ritum ufq; coniUmi, & ad nihi-
lum redigi, facli evident ia de-
claravit. Stetit fane, _ llabltq;
lemper immobiiis de lede Pe-
paracletum dabit vobis, ut ma- tri, iententia ac proniiluo Chri-
neat vobifcum in aeternum ili, quod porta: f nferi non pr^s-
Non relinquam vos orphanos, valebuntadverluseam.
Jean, 14. Et QCCQ ego vobif-|
were
64- Of EcCjLESlASTICAt
were treated, in coniidering the State of all the
other Members of a Body, when the Head is dif-
temperM.
But the general State of the Church was then, in
Truth, every where elfe as deplorable. Princes gave
Biihopricks to their Soldiers, and even to little Chil-
dren. Count Henhertj Uncle to Hugh Capet^ made
his Son Archbiihop o'i Reims (s) ^ and Pope John Xi.
conhrm'd it.
In thofe Days no Man went to Fomcy through the
miftaken Motives of Conlcience or Devotion f, but
if he defign'd to make bold with the Canons and
Uiage of thq Church, and found not Intereft enough
in his own Country to liipport him in it, he pre-
lently had Recourle to Eome : So it was not the Ob-
servers of the Laws of the Church, but the Brea-'
leers of them, whofe Bufmefs lay chiefly at that
Court, wliere a Man's Faults were his Qiialifi-
tions for all forts of Diipenlations j and where thQ
Apoftolick dilpencing Power ftood ready to give
Refuge and Shelter to all the Purpoles of Ambition
and Avarice.
Popes of Hich Chara&ers, as we have above de-
fer ib'd, made no Diilin£l:ion betwixt any Adions,
good or bad, that were in their Power ^ nor deterr'd
(5) Pod obitiim ipfius (faith
Flodoard, who xvas near his Cc-
temporary) Heribertus Comes
Remis venit advocans Abbonem
Epil'copum Suelfibnicum, &
Bovonem Catalaunicum, qui-
bus libi jurjftis;, tra<ftans fuper
elevflione Reftoris hujus Ke-
menfis Ecclcfiae, t?m Clericos
quam Laicos ad voluntatem in-
tendere fecit. Sequences igitur
ejus concilium, ne forte per
ejftraneas perfcnas Epifcopatus
divlderetur, eligunt filium ejus
nomine Hugonem, qui nee ad-
huc quinquenii tempus expleflet
Ub. 4. WJi. Rewenfisy cap. 20.
QuodifttantaEcclefia (faith
Baronius) male fuit a malo i rin-
cipe (7(h?2 iQ.) ulurpatum in
exempium citb tranfiit aliorum,
ut ccmplures hujus feculi Frin-
cipes iibi ianguine ccnjunclos
adolefcentulos in'fummas Ca-
tliedras curaverint promoven-
dos ad anno 925*
by
Benefices and Revenues. 65
by the Wickecinefs of them ^ confidering every Op-
portunity of engaging great Men in their Interefts,
as an Encreafe of tneir own Power : And finding
their Intereft in maintaining vigoroiilly what th:y
had obtained, and the People, either through Sim-
plicity or Fear, were aw'd into an Approbation of
what they could not hinder : From hence grew the
Opinion, That an Approbation from the Court of
Rome repaired and cancell'd all Errors,
CHAP. XX,
IT had been realbnable to imagine, that the little
Care the Clergy fhew'd of ipiritual Affairs,
would have cooFd "the Zeal of lecular Men in their
Bounties to the Churches, and coniequently have
put an End to the Growtli of their Wealth : But it
took another Turn, for with a lupine Negleft of
Spirituals, the Spirit of defending their Temporals
feem'd to rife in Proportion.
The new Expedient they had found (for before
it was not in ufe on thefe Occaftons) of turning the
ipiritual Arms of Excommunication to the vindi-
cating all their diiputed Rights about their TempOr
rals, and recovering fuch as had been loft by the
Negligence of their Predeceifors, was a Weapon
they manag'd with fiich Succefs, that nothing ever
became more terrible to the People, than thofe Cen-
liires, which at firft had only been employed in the
Challilement of Sinners : And it was aitoniilring, to
fee Numbers of Officers and comaiion Soldiers, guilty
of fo many Rapines, and withheld by no Remorle
from the moil flagitious Crimes, iliould be leiz'd in
an hiftant w^ith a Refpe^l towards the Church, v^hich
look'd like a Charm, and guarded it againll Sacri-
?. ledge,
66 Of Ecclesiastical
Violence of that Powerj found it the eafiell way U
make a Deed of Gift or their Eftates to the ChurcnS
ledge, on the bare Appreheniions of its Cenfiires.
Hence it came, that many People of fta a 11 Coniider
ration and Fortunes, to skreen themfelves from the
%
and make themfelves her Subjects *, on Condition^
that the Donor fhould be re^'nvefted with it as a
Fieij refcrving a Irnall Acknowledgment.
Thus the Church's Title became a Safe-guard to
thole who were too weak to defend their Eftates
from the Great-men any other way ^ which the
moft Powerful dar'd not to touch, when once they
became 5ignories of the Church. And when ever
the Male Line of thele Feudatories came to fail,
which was a common Accident, where Wars, and
popular Seditions were ib frequent, the SuccelTion
of Courfe fell to the Church.
CHAP. XXL
dU E S T 1 O N I.
T T Aving hitherto conlider'd the Methods, where-
J~A by the Church acquir'd her real Eftates ^ and
on what Foundation the decimating the Eftates of
the Laity came to be an eftablijli'd Right in the
Church, it will here be requiiite, before we proceed
farther, to refolve a Ql^eftion controverted in our
Days, Whether the Eftates of the Church be. held
by a Divine or Human Right, and to whom of
Right they belong ?
The received Opinion dift'nguiihes betwixt the
Churci'f s Tide to Goods, which come by Will or
Donation,
Benefices and Revenues. 67
Donation, and that which ilie hath to Tenths,
Firft-fruits, and other Oiierings.
As to real Eftates, it is agreed by all, that where-
jlver they are found, they ought to be call'd tenipo-
Cral Goods, and that the Church enjoys them by hu-
man Right ^ leeing it is certain, and as we have al-
ready ihewn, that after all Communities and Aggre-
gate Bodies had been prohibited from acquiring im-
moveable Eilates, the Church, fir ft by Permifilon,
and then by Conceflion from the Emperors, obtained
that Power.
Agreeable to this is the Canon, Quo jure^ Bift. 8.
wherein it is declared, to be only by Virtue of hu-
man Laws, that.it is laid, Ihis inJieritance is mine,
or this Servant belongs to m.e ^ and that without
which, neither Church, nor any Perfon whatfbever
can be laid to have a Property in any thing (a).
It cannot be doubted, but that the Diviiion of
Eilates derives its Authority from the Civil Law,
or that the various Ways of transferring them from
one PoifeiTor to another, by Will, Donation, and
all manner of Contrad-s, are of human Inilitution.
There have been Examples of Kingdoms and
Republicks in the World, to whom Wills, and Te^
laments were things unknov/n : The Roman Law
allows the Privilege of making them only to Roman
Citizens : And it is not conceivable, that the Means
of acquiring a Thing fliould be of human Pvight,
and the Enjoyment and Pofieflion of it iliouid be of
Divine Right.
Whenever the Title to any Gift or Bequeft to the
Church, happens to be contefled, it is decided by
(a) Jure humano dicitur, haec
villa mea eft, h^ec domus mea,
Jiic iervus meus ed. Jura autem
humana, jura Imperatorum funt
Tolle jura Imperatorum 3c
quis audet dicere, mea eil ilia
villa, aut meus eil: ille iervus,
aut domus haec mea ell.
2 l^umaji
68 Of ECCLESIA STICAL
human Laws \ and if it be adjudg'd in Favour of
th.t Church, it is by Authority of the Laws ihe muft
be fecur'd in the PoffefTion.
But to infift no longer upon a Point, which feems
to be generally given up, we will leave it, with only
this Inrerence, which may very clearly be made
upon the whole Qiieftion, That whether the Ex-
emptions which xh^ Church Eftates enjoy, are ow-
ing to a Divine or Human Right, yet leeing both
the PoiTeflion, and the means of obtaining it, pro-
ceed both from the lame Law ^ and that the Lawyers
fay, that Tenures of Servitude, or Freedom and
Dominion, all derive their Right from the fame
Law : It would be a manifeft Contradidiion to lay.
That the Church might hold an Efirate, for Exam-
ple, ^jure Vcneto^ by the Law of Vtnice^ and yet that
Eltate ihould claim to be free and independent by
another Right.
As to the Qiieftion concerning Tithes, there are
two Opinions, one of the Canoniils fmgly, t]ie o-
ther of Divines and Canonifts, who ft uciy the holy
Spripture, and the Canons together.
The Canon ills fay. That Tithes are of Divine
Right ^ ; becaufe in the Old Teflament GOD gave
them, to the Levites (b) : And we have no reafbn to
be fiirpriz'd at their manner of reafoning, who are
ib little converfant in reading the Scriptures •, nei-
ther is the Study of the Myfteries of the Chriftian
Religion any part of their Profefllon.
* Ccvaruvras is not of this
Opinion. Vide chap, 18. lib, i.
of" his varlarum RsfAiit.
(b) Filiis Levi dedi omnes
decimas Ilraelis in poireffionem
pro miniilerio, quo ferviunt
iiiihi in tabernaculo foederis —
Decimarum oblatione contenti,
quas in ufus eorum & neceilaria
Iperavi. Nt^w. 18.
De fi'iis Levi facerdotium ac-
clpientes (faith ,5'/'.PauO nian*
datum habent decimas lumerea
populo fecund, legem. Heb, 7.
GO D,
Benefices and Revemtes. 69
GOD, by the Mlniilry of Mofes^ gave to the
Jewljh Nation a Law, which both in the Ceremonial
and Judicial Part, was defign'd to be the Municipal
Law of that Nati on,. until the com 'ng of Jesus
Christ, who was to abrogate and annul all its
Force (c). So that in Truth the Law of Tithes is
a Divine Mofaical Law, binding only to the Jervi-fl)
People at that Time, but not a Divine-Natural Law,
nor Chriftian, and conlequently binding to no Man
now.
The Legillature of any Government may enaft
the lame Laws with thole of Moles, but they can-
not be laid to be as binding, nor to carry the lame
Authority, nor can they be calfd Divine, but meerly
Civil Political Laws of the Prince who conftituted
tiiem.
There was a Divine Molaical Law, that a Blai^
phemer Ihould be kili'd, but this obligeth no more
now, neither doth he fm, who puts it not in Exe-
cution. The Prince may make a Law to puniHi
Blalphemy with Death, and it would be a jull Law^
and what delerves to be ftriflly oblerv'd ^ but this
would not make it a Divine Law, tho' GOD gave
it lieretoiore to the Jews (d).
In thele and many other cales^ where the Gaiio-
nifts fly to the Old Tellament, to defend the Lite-
refts they have in afferting the Divine Right, we
mull: take care to point out the Sophiftry, and to
(c) Tranflato facerdotlo, ne-
celte eft, ut (^ legis tranilatio
£at — - Reprobatio £t prsece-
dentis mandati propter infirmi-
tatem ejus & inutiiitatem,
mb. 7.
{d) Ho minus locutus eft ad
Moyien, dicers, tducLlaCpbe- 24,
Jiium extra caftra^ & ponant om- '
nes qui audierunt, manus (lias
fuper caput ejus, & lapidet eurti
populus univerlus. hX ad filio^lJ
{ Iraei loquens : Homo qui blai-
phemaverit 110 men Do mini mot-
te moriatur, !apir3.ibus opprimet
eum cnmis iilultitudo. Ltvit.
r 5 . nifiKe
70 Of Ecclesiastical
make the proper Diftinrtion in our Anfwer, which
is. That whatever is of Natural or Chriftian Divine
Right, is binding to us ^ but not that which is of
Molaical Divine Right ^ 16 that if a Prince or Go-
vernment ihould make a Law exactly the fame with
that (5f MofeSj it will however be only of human
Right.
I cannot here forbear doing that Jullice to the
UnderHandings of thefe Doctors to affirm. That
there is much more of Artifice than Ignorance in
what they fity on this Subje^, to gain Credit with
weak and unv\^ary People, and to give a Sandion to
their Pretenfions of the ftrongeft Title in the World j
which is, the Divine Eight. But here they feem to
liie, to Hand convifted, and to be left without Re-
ply. For in the fame Text of Scripture, where
GOD commands the Tenth to be given to the
Levltes^ he alfo com.mands. That they ihall not pof^
leis any Land or real Eflates \ and that they iiiall
content themielves with tjie Tithes only (e). If
therefore the People be oblig'd by this Command to
pay Tithes, the Lsvites are under the fame Obliga-
tion to take no Poilefiions of Inlieritance.
We find alio in the fame Place, That GOD
granted them only the Tenths of the Fruits
of thQ Earth C/), and neverthelefs the Canon
Laws ordain the Paym.ent of Tythes alio out of all
(e) Dixit Dominus Aaron, i cia Domini, & oblationes ejus
In terra eoruni nihil poffidebi-j comedent, ^i-ill aliud' accipient
liSj> nee habebitis partem inter jde poffeilione fratrum fuorum.
eos. An da Hi lie ajt^r it h fa/d
nihil aliud polTidebunt, decima-
rum oblatione contcnti. iV>/w.
i S.
Non habebunt lacerdctesj &
Levitse partem cS: hsereditatem
cuai reiicjurj ifraelj quia I'acriii-
Beat. 1'
(f) Omnem Medullam olei,
& vini, ac frumenti tibi dedi,
faitb GO D to Aaron, univerfa
fra'gum initia, quas gignit hu-
mus, <k Domino deportantur,
cederjt in ufus tuos.
JVIerchan-
Benefices and Revenues 71
Merchandize, out of the Soldiers Pay, out of Hun-
ting and the Sports of the Field, and out of every-
thing gain'd by any kind of Labour and Induflry
whatfbever.
If G O D haye oblig'd the j€ws to the Payment
of no more than Predial lythes, then k muft be
granted, that Perfonal Tithes are only a human
Law.
All the Divines, to a Man, and with them many
of the Canonifts agree, it to be a Precept of the
Divine Katural Lav/, that he v/ho adminiflers at
the Altar il-iould liv^e by his MiniHry (^). As \t
is an exprefs Command of Jesus Christ m thz
Golpel, chat the MiniHer, who preacheth th^ Word
of G O D to the People (/-J, should be maintained
by his Minillry. But the Proportion of the Al-
lowance is not determined, but- varied accord in^^, to
the Number of Per Ions, who iliare it, and the Cir-
cumllances of Time and Place, which make that too
much at one time, which would be too little at
another. Therefore the Minifters of Christ have
a Divine Right to a Part, but v/hether it be a Tenth
or a Twentieth Part, more or \q^?^ 's determined
by human Laws, or hy Cuilom, which is many
times as powerful. .
And where it is fiid in foine of the Decretals,
That Tithes were inilituted by G O D himlelf, or
that thz Payment of them is of Divine Right : In
that S^nik a certain Part is taken for ah uncertain,
Cg) FilusLevi,/^JM GOD, \ vans, magnum ed, fines carna^
dedi omnes decimas pro ^"'- ini- lia veilra metar.iLis ? ibid. Oiii
fterio, quo ferviiint mini in ta- bene prjsiunt '-"resb) teri, duph-
bernaclo tederis. Nu>77, 18, '; ci honore digni habeantuz-j maxi-
{h) Domlnus ordinavit iis, me qui lahorant in verbo Ck
qui Evangeliuai annunciart, de doArina -'— Digniised: opei-^'-
Hvangelio vlvcre^ 1 Or, 9. Si rius merced;.' lua;> i Tim. <*
nos voDis fpiritunlia lemin-ivl-
F 4 and
71 Of Ecclesiastical
and fo by the Tenth is iinderilood fuch a Part as is
reafonabie and necefTary : And as G O D hath in-
flituted Tytlies in the Old Tcftament, human Laws
have, by that Example, inllituted them in the Kew.
So that we may make this general Conclufion, That
all Ecclefiafticai Eftates, of what kind foever, are
in his Power, who is the Patron, and poileis'd by
Virtue of human Laws.
Nor let any Man objed that this undetermin'd
Part is due by the Divine, Natural, and Evangelick
Law. For there is a great Difference, as the Law-
yers well oblerve, betwixt a thing that is due, a Debt,'
which may be fatisfy'd by Payment of the Value ^
and that of which a Man hath the Demeafn or Fief,
as chief Lord. This laft, lay they, may be juftly
dem.anded, [^aBio-ae rei vindicatlonis'] nothing but the
lame individual Tiling can make Satisfaction, and
nothing in Lieu of it can be dieem'd an Equivalent :
Wiiet'eas the Creditor can only prolecute his Debt
by perlbnal ACb'on, the Debtor being oblig'dto pay
the Vahie of the Debt only, but not in this or that
individual Thing, or in any particular Species.
By the Refolurion of this Qiieftion, it is ealy to
determine, whether Benefices be "jure divinoy or Jure
■pofitlvo : For if real Eftates and Tithes be of human
Inftitution, it is necelTary that the Benefices confift-
ing of theie be held by the lame Title. And to fum
np all. If the real Eftates of the Gliurch remained in
Common for ib many Years, and not divided into
Benefices and Cures, as is already declar'd ^ it is
then undeniable that Benefices are of human Infti-
tution. But as the World is too well agreed in
this, to require any farther enlarging on this Argu-
ment, I ilia 11 only add, that tho' thele Confiderati-
ons may' appear too liibtle, and too ;-efin'd, the Se-
quel of this Difcourle will convince the Reader, they
arc no more than necefiary.
Q.UES-
Benefices and Revenues. ^^
a V E S I O N. II.
THE Decifion of the firft Qiiellion opens the
Way to the fecond Inquiry, Who is the Owner of
the Ecclefiallical Eftates ? By which I intend only
real Eftates, relerving to ipeak of the Fruits and
Revenues in the fourth Q_ueftion(T). For if they
be polfefs'd by Virtue of human Laws, we have
only to find to whom the Laws have granted them.
Some will lay they are G O D's, and who can doubt
it, the Earth and all that is contain d therein is the
LOR D's {a). But in this S'enfe the Goods of the
Church are no more GOD Almighty's, than every
thing elfe in the World.
The Dominion of G O D is univerf\l, but a So-
vereign Prince hath anotiier Dominion, which, ac-
cording to Seneca^ may be calfd the Dominion of
Power (h) ^ or according to the Lawyers the Do-
minion of Proteftion and Jurifdidion (c). Every
private Man alio hath his Dominion, which is that
of Property, and the Subject of our prefcnt Inquiry.
Now it cannot be faid. That GOD, befides his
univerlal Dominion over all Things, hath alfo the
Property of all Ecclcfiafbical Goods, in the f\me
manner as a King hath an universal Dominion
throughout his Kingdcm ^ and yet hath a private
(i)Vv'hicb is towards the end 1 Cujus efc (fakh VWny ths
ofthisTreatife. See -^/f_/?. 4. \jcup.'isr) quicquid ell omnium,
{a) Ad Deum excel lum, pol-i tantum iple,' quantum omrits
feftorem corli »iN: terrae. Gen. 14. \ habent. Paneg,
Domini eft terra & plenitudo j (V) Ditionis, non proprieta-
ejuSj orbisterrarum, &univcrii itis, tuiiionls non deilruftic-
qui habitant in eo^ Pya/w. 23. jnis. Omnia regitis (faith
(b) Ad tvegespotellasomni- *r?3? Simmacus, addrefTtng b'nK-
um pertinetj adlingu'cs pro- i/e/f to Princes) fed iuum cuiq;
prietas, Senec 7. Benef, cap, 4. jiervatis. X. J^vifl. 5^*
Property
74- Of Ecclesiastical
Propriety in the Eftate of his own Family. For the
imiverlal Dominion or a Prince may be encreas'd by
the Addition of his private Property ^ but th^ Do-
mmion of G O D hath an Univerfality, EKcellent
and Infinite, incapable of any Addition, or of being
particularized, neither can it poiTibly be communi-
cated to any Creature. Thus G O D, being LORD
of all tliQih Goods, no Man can alTume to himfelf,
and fay, I who have the fame Tribunal^ the fame Con^
fflory^ the fame Jurifdlciion with G O D^ am alfo
Lord J for whatever Dominion any Man may have,
in them, he is no lefs a Servant than the leaft of
Mankind.
But there are others, vAio treat this Matter with
more Freedom, and fay. That the Pope is the Lord
and Proprietor, and prove it by the Decretal of
Clement IV. which declareth, That th^ Dilpolition
of all Benefices belong intirely to him (d).
St. Thomas refiites this Opinion in laying, That
the Pope may indeed be call d the Principal Dijpen-
fer of all Benefices, but in no fort either the Lord,
Owner, or PoiieiTor of tiiavi (e).
Cardinal Cajetan adds for an Explication of this
matter. That the Pope can neither give, nor, in any
other manner whatfoever, difpofe tlie Goods of
the Church, than as right Realbn fliall dire^-, and
without exceeding the Truil of Difpofition repos'd
(^) LicetEccleiiarum,Per-| (e) Quamvis res Eccleflae
fonatuuiTi;, dignitatum, alio- ; fint ejus, ut principalis difpenfa-
rumq-, benefijiorum Eccleiia- : toris, non tamen lunt ejus, ut
fticorum plenaria dirpofitio ad ! domini 6i pofTellb ris. ida. ':da,
Romanum nofcatur i "ontiiicem j ^«ey/. icc, art, i. refp, ad
pertinere, ^c. 'Scxti lib, ^»\cbje^,7,
tit, de rrcebciidi^i cap, 2, i
in
Benefices and 'Revenues. q^
in him C/). And the realbn he gives is very clear
and convincing : Thefe Goods, faith he, at hrft be-
long'd to j[bme one, who hath transferred his Right
by Will or Donation : Now, it never was in any
Man's. Intention to make fuch a Prelent to the
Pope (^) : And therefore the Property can never
have been pafs'd to him.
And it is for this Realbn, that the fame Cardi-
nal, and Pope HadrianVl. agree. That the Propriety
of all Goods belong to the Church ; that is, to the
whole Community of the Faithful in that Place, to
whom they were left : So that the Propriety of the
Goods in the Foman Church, belongs really to the
whole Body of the Roman People.
(/) Papa non ed Domiims^
fed Difpenlator principalis pe-
cuniae Ecclellafticse, ac per hoc
pecunia Ecclefzae non eft fua ab-
Iblute, ut poifit ad libitum de
ea diiponere. (and then be adds)
Cum poteftas Papse, quo ad res
temporales Ecclellse fit poteftas,
non Domini, fed DifpenlatoriSj
confequens eft, ut plenitude
poteftatis papalis, circa bona Ec-
clefiae temporalis, non exeat li-
mites poteftatis difpeniativae — -
Ac per hoc non poteft Papa ad
libitum donare res EccleliDS, led
poteft tanquam habens apicem
difpenfatricis poteftatis, multo
plus de iifdemdirpenfare, quam
quicunq; alius proximus alicu-
jiis Ecclefiai praelatus — Ex
eodem fundamento, quod Papa
non eft Domiiuis, led Dilpenia-
tor,fequitur quodde plenitudine
poteftatis non poiHt ad libitum
dare bona Eccieri:^ cui volue-
rit; (^d. tenetur difpenlare, ut
recla i^tio lUader. In Comment,
ad 7., ?. Quefi, ICO. art, i.
(^) Nee Papa, nee aliquis
Prjelatus, eft Do minus rerum
Ecclefiae, Ecclefia iplh eft lyo-
mina; quia Donate res non do*
nant, & trans'^erunt jura I'ua in
Papam, aut Pr^iatum, led in
Eccleham Romanam, vel talem,
(It is moft certain, that Princes
wou id never have given ^o mary
Lands and Revenues to the
Church, if they had tbrei'een,
that the Popes Would have be-
come the M afters of them
themfelves, and have turn'd the
Proiits of them, one Day, to
the making Vvaragainft the Oc-
norsO Ne- putes, adds Cbj^^ran,
propterea quod Papa habt.-t ple-
nitudinem poteftatis Ecciella-
ftic32, ob hoc poiiit de bonis
Ecc'eii^e diiponere, ficut poteft
Ecclelia: quoniam pienitudo
poteftatis Ecciefiaftics intel-igi-
tur in Ipiiituaiibus tantuiu.
Cement, 2d:i, 2dx, ad art. S.
Every
76 Of Ecclesiastical
Every one knows, that a Community or Society
is a- capable in Law of poiTefling an Eftate, as any
pdvate Perlon : It is in that Senfe faid, that fiich a
thing belongs to fiich a City ^ that is, to no parti-
cular Ferlbn, but to the whole People together :
And it is the ordinary Stile of Wills to fay, I leave
to the School of St. Roch (i), to the Convent of the
Cordeliers (2J), &c. And of this, the ancient Ufage
of the Church, and the Stile in which the Canons
run, a.e a plain Confirmation.
It is not to be doubted, but that thefe Eflrates be-
ing to go under fomebody's Name, are very pro-
perly afciib\i to him who is the Proprietor : So all
the Canons, and ancient Uiage of the Church ha-
ving always called that which belongs to the Church-
men, thQ Eftates of the Church ^ fhe is therefore
the Proprietor. And this agreeth with thofe who
fay, thefe Eflates are Jesus Christ's^ for all
Chriflian Churches, from very ancient times, have
taken their Denominations not only from the Name
of fome City, but from their firfl^ or mofl famous
and eminent Biiliop : So the Roman Church is call'd
St. Peter Sy the Church of Jlexandria St. Mark\
that of Ravenna the Church of St. JfolUnarius,
From hence the Ell:ates of thefe Churches have fol-
lowed the fame Falhion, and taken alio the Name
of thefe Saints ^ and the Eflates particularly belong-
ing to the Roman Church are calfd St, Peters :
Wiiich gave occafion to that way of fpeaking among
the ancient Writers, The Patrimony of St. Peter^
the Lands of St. Peter^ the Patrimony of St. Jfoi-
linarluSy &i\
(i) The Fraternity of Pain-
ters in Venice,
(2) The Author calls thsm
de Fratii, which is the Name of
the great Convent of Grdelkrs
in Venice,
And
Benefices and Revenues. 77
And becanfe Christ is the univerfal Head, ; iid
Prote£lor of all Churches, all that belongs to the
Church in general, or to any particular one, is call d
the Patrimony of Jesqs Christ, which is the
iame thing as to fay, the Patrimony of the Church
whereof Christ is the Head: Ana in the lame
Senfe the Eitates of the Pvepublick of Penlce are
call'd St, Mark\ from a Republick which bears the
Name of that Saint.
In truth all the Acquifitions of the Church, when
her Eftates lay in Common in every Diocefr, be-
longed properly to the Univerfal Church, to wn.m.
all Donations and Legacies were made. It is cer-
tain, they could only be acquir'd by thofe, wiiom
the Laws made capable of taking ihcm. Tiie L aws
of Conftantine granted this Priviledge to Chriit-an^
. Communities or Societies, that is, to all the Body ot
Ciiriftians inhabiting in the Cities to which they were^
granted. The Dominion or Propriety therefore of
theie Eftates is in thele Communities.
But after Divilions came to be maae,- and Benefi-
ces to be inftituted, then ibllow'd Legacies ana Do-
nations to particular Churches, and frequencly to
Ibme particular ule of Piety. So that there is no
determinating who is the Owner, Proprietor, or
Patron of thefe Ellates, and where the Right lies,
without leeing the particular Diipohtions of the
Wilis and Donors.
To end this Argument upon the fulleft Exami-
nation, it muft be concluded, that the Prelates,
and the other Ecclefiaflicks, are the Guardians, Ad-
miniftrators, and Difpolers of the Ellates of the
Church, to purllie and execute the Intention of the
Donor or Teftator, and to no other Purpofe what-
fomever: And. that the Proprietor or Patron of
them is the Perfon, or Community, to whom they
have been fo given or bequeathed.
And
78 Of Ecclesiastic AX
And therefore all Governors of the Church ought
wl h confcientious Care to review and ponder the
Conditions of thefe Endowments -, for the Negled
of which, nothing but human Frailty can be plead-
ed. Nor ought any Man to imagine, that Prefcrip-
tion or long Uiage can have any Force here, ieeing
no Man can pretend to any Benefit from Prclcrip-
tion, where Integrity and good Confcience is wan-
ting. And how can any Claim be laid to theie,
where every Man knows, and is conlcious, that thefe
Eftates have not been bequeathed by the Donors, to
be employ 'd as we frequently find them.
(QUESTION IIL
BUT who ihall be the Proprietor of thofe Ec-
clefiallicks Eiiates, whole Inftitution is not known ?
By the Natural and Civil Law, an Efi:ate rails to the
Community or Publick, when particular Owners
fail •, and by Conlequence, in this Cale, it will fall
to the Church : Which in iliort, is no more than to
lay, That the Beneficiaries are the Diipenfers of the
Ellates of their Benefices, that the Proprietor is he
to whole Favour the Donation or Will is made j
and if he be not known, the Right reils in the
CJiurch.
It is no Anfwer to fay, that there are Laws both
Civil and Ecclefialtical, which forbid the' Aliena-
tion of thele Eiiates ^ for the Minor or Pupil is the
true Proprietor of his Eftate, and yet hath no Power
to alienate. The Propriety or Dominion of a thing,
in its largefi: Extent, is a Right of doing whatever
a Man plcafes with his own, as far as the Law al-
lows J which lays a Reftraint on feme fort of Pro-
prietors, who need direfl:ion •, ot* which 'Communi-
ties and Societies of People are one.
. . We
Benefices and Revenues. 79
We are not to wonder, if in Qiiellions of this
Nature, in which the Pope is decennin'd to be
the abfolute Proprietor of ail Benefices and Eftates,
belonging to the Church, there ihould be fo many-
modern Writers, ready to maintain Opinions lo
contrary to thofe of Antiquity, and to the Cuftoms
and Inftitutions, which draw their Original from
the Apofcles themfelves, and other Apoftolical Men.
For whereas St. CjfrUn very fenfibly complains,
as of one of our human Imperfections, that intereftr
ed 'Men fet themfelves to adapt their Dcftrine to
the depraved Manners and Cuftoms of the Age ^
when, on the contrary, th^it ought to be regulated
by good DoLl'iine and good Laws.
To which this Oblervation may be added, That
in the Courle Oi^ fo many Ages, th-re ne- er were
any Novelties introduc'd, even in Religion, which
have not inihmtly found their Defenders. And
therefore it is no wonder, if this happen, where
new Cuftoms and new Methods are introauc'd, con-
trived and made fublervient only to the Ends of ac-
quiring Riches, and even to authorize the-Purfiiit of
worldly interefts, to which human Nature is fo
addided.
CHAP. XXII.
TH E extream Diforders and Confufion, which
the great Variety and Changes of lomany
Kings and Emperors in thofe Times brought upon
Jtdy m the Civil Government, affecled no lefs the
Ecclefiafcicai Affairs : The Biihops and Abbots be-
ing lometimes made by the Princes, Ibmetimes in-
truding themfelves by their own Authority • tiie
other Mmifters of the Church' being alio Aiade, ei-
ther
8o Of Ecclesiastical
ther hy tliofe who govern d the Cities, or by the
Biihops ; and fometimes again by thofe, who had
the Power in their Hands, or the Favour of the
People, polTefling themfelves of .the Benefices.
In the Year 963, Otho of Saxony ^ enterM Italy ,
and Hibdii'd it by Arms, and in order to fettle fbnae
Form of Government there, he aiTembrd a little
Council of Biiliops, wherein he deposed Pope John
XII. tho' iie was of an- illuftrious Family, and had
great Intereft and Dependencies in I cme : But he
had been made Pope at 18 Years of Age, and had
diihonour'd the Pontificate by Adulteries, Perjuries,
and the reft of his Behaviour, little fuitable to his;
Character (a).
Otho oblig'd the Roman People, and Pope Leo VIII.
who had been put in the Place of Pope Johrty to give
up to the Emperors the Pretenfions to the Right of
EieO:ing the Popes (^), and the other Biihops in
liaty. For 35 Years, until the Year icoi, this
Prince, his Son, and his Grandfon, of the fame
Name, preferv'd this Right in themfelves : And of
1 2 Popes, which were witliin that Space, two were
(a) Jonannes XI H. (Platina
caUs him mt the XII.) Patris
liberie! potentia fretus, Pon-
tificatum occupat, homo fane
omnibus probris & turpitudine
contaminatus, vfenatlonibus ma-
gis, liquid temporis a Libidi-
nibus fupererat, quam orationi
cl^ditus. Andfoms Lines after,
Pontiiicium munuB bumeris fuis
nequaqaum conveniens fibi deiu-
mit. — •OthojCompoiito aliquan-
tiim ftatu Civitatis Concilium
indicit, convocatis Epilcopis I-
talise, quorum judicio vita Ice-
leratilTimi hominis diiudicaretur
(b) Gives yero (faxtbLmt-
prand, cbap. 6. tovoardi the end)
lanftum Imperatorem cum fuis
omnibus in urbem luiGipiunt,
£deiitatemq-, promittunt, base
addentes^ 6c firmiter jurantes,
nunquam fe Papam eledluros
aut ordinaturos prseter confen-
fum, ac eleiftionem Domini Im-
peratoris Othonis Csefaris Au-
gufti, iilii ipfius Regis Othonis,
Vide cap. 1 1.
^ This was Otho the Grand-
Ton of the Emperor, firnani'd
the Fcwkr,
made
Benefices and 'Revenues. 8 1
made by the Prince peaceably, and without OppoH-
tion, the other not without Tumults and Diibixiers :
Which occalion'd one Pope to be carry'd Prifoner
into Germany by Otho I. (2), and ai/ictlun- by
Otho II. f 3). There was alfo another Pope who was
ftrangl'd by one who afpir'd to his Dignity : Ano-
ther robb'd the Treafiny of St. Veter^ and fled {c) :
Another went into voluntary Banifhmelit: {d). So
that confidering we meet with feveial Popes in thoie
Days, who as Baronius obierves, are placM in the
Catalogue only to make up the Knmber (e)^ the
Church had then in Eilett no other Head but
Jesus Christ himlelf.
(2) Benedia V. ehBtd fedi-
ttcufly by the Failicn and Kindred
of John XII. Cum Imperator
(faith Platina) banc eleftionem"
nequaquam probaret &Romanos
compulit pulfo Benedido, vel
dedito potius Leonem fulcipere
Otho in Germaniani re-
diens Tecum Benedi6lum ipf lini
duxit qui non multo poft dc-
lore animi apud Hamburgum
moritur, ubi relegatus eiat.
Vide Luitprandy cap, 11.
(3) Benedict us V I, cr rather
according to V^ny\mu.Sy the ytb,
feeing be who went by this Name^
and vcas chofen by the FatJion of
John XIII. Tvas' Jntcp'pe, as
having been chofen in the Lrje-
time of Leo Vlll. v.->hiih Leo
had been lawfully chofen. Eenc-
diaus VI. (faith Platina) a
Cintio Rom. cive prepotent!
captus, in lancfti Angeli arcem
includitur, eodemq; in loco nun
multo poU ftrangulatur.
CO Bonifacius VII. (faith
Platina in hji Life) rermquers
urbem ccaclus^precioiuma qu?j-
que E, Ealilica I'etii fubtrabens,
Condantinopolim coniugit, ubi
tamdiu conllitit, quoad diver.-
ditisj qu« lacri egio abitule-
rat, magnam vim pecuniaruni
comparairet -n— Pontiiex L\om.
facrcrum l^ater & Rex, tacra
ipfa Furto abflulic ; ^ qui vin-
'di'care lacrilegia dcbuerat, tanti
iacrilegii fa6tus e(l author.
(d) Joannes XV U. (which
ought to be John XV 1.) agita*
tus ieditionlbus a Crefcentio
Coniule Romano imperium ui-
bisfibi vindicare ccnante-, cupi--
ditate hominis cedens^ exuiatum
in Hetruriam abiit. Platina in
vita.
(e) Qui non fint^, n"fi ad
conTignanda tantum tempora in
Catalogo Romanorum ] ontifi-
cuui. Script/ ad amnon ^12, .
1
G
But
8i Of Ecclesiastical
But the other Bifhops and the Abbots were made
by the Emperor5(/J, without any Contradiction. And
therefore upon the Death of a Bifhop, his Statf and
Ring were carried to the Emperor (^), who gave
them as the Ceremony of hiveftiture, to the Perfbn
on whom he conferred the Benefice. And the new
Biihop being conlecrated by his Metropolitan, or by
the neighbouring Biiliops, went to take Poffeilion :
This is a Method yet oblerv'd in France and Germany,
But other lefTer Benefices were difpos'd by the Bi-
iliops or Abbots, on whom they depended -^ except
when the Prince nam'd one to a vacant Benefice,
and then it was never dilputed : Or when he thought
fit to recommend one to be provided for, when a
Benefice ihould fall, which Expeftative or Reverfion
was Hire to be made good by the Biihop at the next
Vacancy.
In this Method the three Othos govern'd the
Affairs of the Church, and without any Con-
tioul from the Popes ^ tho' Otho II. had refided a
(/) It was not that EleAi-
ons were abolifh'd, but only
made null without Inveftiture
irom the Emperor. As Hugh
de Fiavlgny oblerves, fpeaking
o'^ Anfebji de Lucca^ and of ano-
ther Biihop.
Cum ergo, faith he-> prsefto-
larentur diem confecratior.is
luge, venerunt nuncii Regis
Henrici Romam, rogantes, ut
contra morem PraedecefTorum
fuorum Dominus Papa {thu
rvM Gregory Vn.) eos confe-
crare vellet, qui Epifcopatus
eleAionem Iblam, non autem
dorium per regiam ac^eperant
inveilituram. In ChronlcoVer'
dunenji, pag, 196.
(g ) Rex autem uti volens
authoritate, & coniuetudine, &
autoralibus Privelegiis Impera-
torum, qui a Carolo magno per
trecentos & eo amplius annos
imperaverant Tub 63. Apofloli-
cis, dabat licite Epifcopatus, &
Abbatias, ,S^ per annulum & per
virgam. SJgebertus in Chronico,
ann, 4, Vide Crant^ vandal,
lib. 6, cap, 2<. Gronem ep, 8,
ad Richer, fenonenfem Wilieh
mutn Tyrium de bello facro, lib.
I. cap, 13. ^ Gcffrid, vindoci'
nenfew, traBatu 2, pag, 278.
long
Benefices ^nd. Revenues. 8^
long time at Romey where he. alfo died and was bu-
ried (^).
The Princes fiicceedihg the Othos preferv'd the
Right of conferring Biihopricks and AbbieSj and
even of Nomination to the other leiTer Benefices,
and of granting Reverfions or Expc^latives of Bene-
fices before they were vacant : "Lentil the Irnperial
Authority coming to diminifh in Romcy the Church
relaps'd into the former Dilbrders. For tho' the
People, after having relum'd the Eleclicn of the
Pope, eleded three Popes very peaceably, thcTQ broke
out fome Sparks of Sedition and Tumult about the
Bkdiion ot BerJsdlUVlU.(i^), and >/?;?XX.(5J, who
were Brothers, and immediately lucccedcd one ano-
ther J and after, in that Eledion oi Benedict IX* their
Kephew, who was chofen at 1 2 Years of Age, and
who, among many other Enormities, made Sale of
a part of the Popedom to one Silvcfier 111. and ano-
ther part to Gregory Vl.Q). AnA ail thele three
fill'd their Chairs in Eomc at the fame time, with i^o
much more Scandal and Difbrder, as this Gregory
made ufe of Arms to maintain his Piirchaie(^) ;
pofTefling himfelf of the Church of St. Pf^cr, with
a Body of Horle and Foot, not without much
Slaughter. This brought the Emperor, Henry the
(/&) Roni« morkur, C: inve-j presbytero ?t. Joanni? a J por-
llibulo B. Petri (Paradilumvo- tarn Latinarn, qui poilc-a Giv-
cant) labro porph) retico, quodj gorius VI. appellatus eil, I oh-
adhuc introeunribus ad lasvam | tiiicium munus, ut quidam ai:-
apparet hononficeritiilimfJ iepe- 1 firmant, ^ vendiiit. And j.,fn>
litur. Plat'ma in the Lite of
BenediB. 7.
(4) The Yil, according to
Onufhrlm,
(5} The XII. according to
Onuphr'ms in Chrcn, FrntAicm,
(i) Benedicftus (fa':th Ma-
li in bis Life) Jcnnni Archi-
Lims after, Ciim annis decern
per intervaPia iedem Petri occu-
paiTet, tandem moritur. Nee
vacalle luni ledes did potetl,
cum Fonilncatum vendiderit.
(k) Vide Otbon. Frifing. ad
anno. 1040. lib, 6. cap. y2.
tm
G 2 BUckj
84- Of EcCLESlASTICAt
Blacky into Italyj who put BenediB to Flight, lent
Silvcfter away, and baniJh'd Gregory into Germany (/),
and d^^'cWiith^t Roman People again of the Power
of Election (m^.
After which he made three Popes Hicceflively, all
GermanSj who, without otlier Ceremony, took the
Pontiiical Habit and Ornaments. The third of theie,
who was Bruno, Bifhop of T02//, having, by Virtue of
the Emperor's Nomination taken the Habit of Pope at
(/} Has ob res ( faJthVlixtim
in thz L'lfi of Gregory VI.)
Henricus il. [_by the Account cj
ihi German Writers^ H is
Henry HI. dhcrwife caWd
Henry the blacl'j in Italiam cum
iliagno exercitu veniens, babita
i\ nodo, cum Benediclum iX.
Silveflrum III. Gregorium VI.
tanquam tria teterrima monftra;,
abdicare le magiftratu coegifl'etj
^uideregum, Bambergenlem E-
pifcopumj cui Clementi XI.
appelHtio fult, Pontiiicem creat.
As for Gregory VI. Onuphrly.s
reckons him a legitimate Pope,
afKrming he was not ele»fted till
^ttQ'x^enediBWU.SUveflerlW.
and another nam'd "^obny whom
Benedlch bad taken for his Col-
legue, after having driven out
SUz'dhr III. had abdicated the
1-^cpedom. .
. (^uibus;, faith he, proborjiim
liominum precibus facerdotlum
t\ iuorum juricedentibuSjquar-
tuslull^ectu^ell: [oannes Gratia-
nus, A'rchi-presbyter S. Joan-
liis ante portam Latinam Gre-
gorius Vi. vocatus, qui Cluni-
aci Pont'ificatuprivatusj quo ab
-'imp. Henrico ill. relegatus Hi-
erat, murtuus eft, Ann J. ad vit.
Gre^^oriiYl, And he [Onui^h'
riusj explains himfeJf yet more
clearly in his Chronicle ij the
Pcpes, Gum Iponte abdicalFet
(fpeakingcJ'BewdiaWlL cal-
led the iXth by Platina) In ejus
locum faitus eft Gregorius VI.
Joan. Gratianus Archi-presb. S.
Joannis ante portam Latinam,
qui imperante Caviare Henr.III.
Aug. ledit annum; coa^us in^
con.ilio Sutrii a little City of
the FatritTiony of St. Peter irt
Tufcany) ab Imp. Henrico III.
congregate, abdicavit anno 1046
& ad monafterium Cluniacenle
relegatus, ibidem Paulo poft
obiit 6: iepultuseft. andtbeuy
befcre he names Clement il.
whom the Empercr made be chc-
fen in the Rccm of Gregory, he
adds thefe four IFcrds, Schiima
in Ecclelia Romana, to make it
be underftocd, that the Eletlicn
of this Clement nvas net cano-
nical.
{m) Henricus, accepta a C\q.-
mente Imperii corona, Roma-
nes in verba iua jurare coegit,
Pontiiicum eleilioni le n.qua-
quam interfuturos, ' niil jullu
imperatoris id facere cogeren-
tur. FJatlna in vjta Clement. II.
Frelfgneri
Benefices and Revetmes. 85
Frelfmgen (6\ and continued his Journey as far as
Clugni^ Hiidebrand, a Monk bred up in the Church
of St. Peter at Ronie^ a Man of lingular Addreis,
put Bruno upon an Artifice, to bring the Eledion
back again to the Roman People. lie advis'd Brum??^
who had now taken upon him the Name of Leo iX.
to habit himfelf like a Pilgrim, and enter Rome Qi)
16 difguis'd 'j by which he would render himlelf
more agreeable to the People. Leo folio vv"'d his Ad-
vice, and the People at iiis Entry proclaim' d him
Pope. But this Precedent was of no more Autho-
rity, for it hinder'd not the Emperor, when Leo was
dead, from choo fm^ Geberardj BiiliOp of Eichftat at
Mentz^y to be Pope, who forthwith took the Ponti-
fical Habit, by the Name ofFilior II (0). And this
Emperor did not only then diipole the Benefices,
but made Laws againlt thole, who obtained them by
Simony ; pardoning pail Faults, and impofing Pe-
nalties for the future.
(6) A City o^ Bavaria, un-
der the Aichbiilioprick ofSalt^-
bourg.
(n) Cui Romam Pontifiro
habiru petsnti, Abbas Clunia-
cenfls, 6c Fildebrandus Mo-
nacbus, obviam fadi, perfua-
i'ere, ut depolito Pontiiicali or-
natu, Romam privatus ingve-
deretur, cjuod dicerent Henri-
cum nuUam creandi Pontihcis
poteftatem a Deo habere-, fed
ad Clerum, populumq; Ro-
manum id pertinere. Motus
his verbis Leo^ depofito Ponti-
iicio apparatu, privatus urbem
ingieditur. At vero Rom. Cle-
rus, fuadente Hildebrando, e-
undem Erunonem in Pcntliiceni
eliglt, eo libentiuSj quod om-
nem authoritatem eligendorum
Pontiiicum ah Imperatore ad
Clerum traniluliiret. Vlat'ma in
vita.
(o) Viaorll. (faith Onu-
phrlus in his Chnnicle cf the
Pipes J Sue V us Germanus, Ge-
bohardus. Comes Calbeniis,
Epiicop. E i I'll ate n lis, Henr. li 1^
Imperatoris ConfiiiariusyS: pro-
pinquus, creatus ah Hen. 1 if,
Moguntise, ^c coronatus Romje,
ibid.Jp-ih 1056.
C H A P.
86 Of Ecclesiastical
C H A P. XXllI.
^ Y^ H O' during the Minority of the Emperor
JL HefTQ' IV. (i). Son of Henry the Black, the
Popes were as yet created with the Confent of the
Einperor's Tutors, and the Biihops and Abbots in-
vefted by him, with the Ring and Crofier-StafF ^
however the Popes were not wanting to take the
Advantage of his Youth, and of the DiHentions
which aroie among the Tutors : For Nicholas II.
made a new Conllitution for the Eleftion of the
Pope, whereby the Cardinal-Biiliops were to eleft
lirit ; lecondly, thc^otherCardinal-Priefts ^ thirdly,
th^ Clergy and the Peeple ^ and in the laft place, the
(0 T'lat'ma faith, that he had
b en deiign'd Emperor by Hi/-
d:brarid^ when he went to en-
treat Henry the Black on the
>art of the Clergy and Reman
People, that he would give
them the Eiiliop o? Eichflat for
i o pe. In the L ife cfyiS:crll>
But Henry IV. had no Occa-
sion to be chofen by Hildebrandy
to iucceed to the Empire, which
xvas then Hereditary.
C^elares (fa'rlb Goldaaus, In
repl. pro Imperio, cap. i8.)
iT!q; ad Henricum V. legltima
iucceifione Imperium adibant,
cc (^regorius Vll. (^^ho ivj/f thU
Kildebrand) Pontificii Oomi-
raiu5 Auclor, CKJarum lujcel-
iion-ii turbare primus luflinuit.
Ta n VA cnim (faith anther
Ct..i;an Mawjer) pofl excifam
Cssi'aris profapiam, Imperatc-
res eligi oportuit, id tamen
nunquam contigiile Legitur,
niii Legitimus fucceffor deiice-
ret. Et Henricus Eambergenfis
(thps TViif the Emperor Jiemy If.
formerly Count cj Bamberg) O-
thonis III. SobrinuS;, h3eredita-
rio jure fibi impc-rium deberi,
contra Colonieniem contende-
bat. Lcimpad. RerpubL Reman,
Germanlca;^ parte i* cap. 4.
And beddesj how, could Hl-
dehrandj who was but an En-
voy from the Roman People,
make an Emperor, Author/ tate
Legathnh, to ufe Tlat'fnas
Phrafe, feeing the Pope him-
felf had not this Ppwer ; and
that, en the contrary, the E-
leaion of the Pope depended
en the Emperor's Confirmation.
Emperor
Benefices and Revenues. 87
Emperor was to be apply'd to forhisConciirrence(^^.
But Alexander II. his SucceiTor, having been cholen
after this Model, the Emperor would neither con-
firm him, nor admit the Excufes which the Cardie
nals made h^m, by one exprefly deputed out of their
own Body: And tho' they reprefented, that ail
they had done, had been to avoid a terrible Civil
Diflention, and that all had been carried with tliQ
higheft Reiped to the Emperor, feeing the Perfon
elefted was his Friend, yet he nam'd the Biihop of
Parma (2) to the Popedom, at the Inftanceof 6"^-
rard (3 J of Varma his Chancellor.
But three Years after. Changes happening in x):^.^
Imperial Court, and the Chancellor, Gerard^ being
dilplaced, the Biihop of Farma alfo was depos'd,
and Alexander acknowledg'd for Pope (4). And a
League being form'd betwixt tiie Bavarians and
Saxons \\\ xhzX^zx 1 07 2 againft the Emperor, the
Pope join'd himlelf to their Party, came into the
League, and the next Year cited him to 'Rome^ upon
{a) Decerniiiius & ftatuimus,
ut obeunte hujus Romanae Ec-
cleli32 Pontifice, in primis Car-
dinales Epiicopi fimul de elec-
tione traclantes, mox Chrifti
Clerlcos Cardina'es adhibeant :
Sicq; reliquus Clerus 6: popu-
lus ad confenfum novae eletftio-
nis accedat — Eligatur autem
de ipfius gremio, fi reperitur
idoneiis, vel £\ de ipfa non in-
venitur, ex alia alfumatur, I'alvo
debito honore, & reverentia di-
ledli filii noftri Henrici, qui fu-
turus Impcrator, Deo conce-
dente, Iperatur, ficut jam fibi
conceiTimus, & fuccefloribus il-
liusj qui ab hac Apoft. lede
perfonaliter hoc jus impetrave--
rint. J9//?. 23. Czii Nomine,
(2) Who, according to 0«a-
phriu6y was ot the Houfe of
PaUavlclni,
(3) PJatrna calls him Gibert,
and fays he was Governor of the
Kingdom oF Italy -^ Onuphrlus
calls him Glbert of Corri^ia,
(4) Tlatina faith, that at the
Emperor's Defire he pardon'd
the Bifhop of Varma^ and gave
the Archbilhoprick o^ Ra-jenna
to Gibert (or Gerard, who was
afterwards created Anti-Pope,
under the Name o'^Cktnent III.
in 1080, and held the Seat un-
til the Year 1 101,
G 4 an
88 Of Ecclesiastical
an Accufiition of Simony (b), for hiving fold ibme
Biihopricks. This Proceeding, as it was very afto-
niihing, made much ISoife in the World, no Pope
having hitherto made fo bold a Step. But the Me-
mory of it was foon loll in the Death o^ Alexander ^
to whom liicceeded Hildehrand the Monk (5 J), under
thiz Name o^ Gregory VII.
The Emperor being yet young, and Germany all
in Commotions, this Jundure invited the Pope to
exclude him intirely from the Election of the Biihops
and Abbots, and to that end fent him a Monitory ^
whereby the Emperor was forbid to concern him-
felf any more in thofe Dilpofitions (6). To which
the Emperor making a ftrong Oppolition, the Pope
excommunicated him, abfolv'cl his Subjects from
their Oatii of Allegiance (rj, and depriv'd him of
the
{b) Annus erat poft mille 74.
quo anno Colonienfis & Her-
mannus Bambergenlis Pontifi-
ces R.oniam milfi lunt:, pecuniae
inde Kegi3e debitge coUigendas
gratia : Qui Legatione peraila,
Literas Alexandri Papae detu-
lerunt, regemq- vocarunt, ad
iatisFacienduui de Simoniaca hse-
refi, cseteril'q-, nonullis magna
emendatione purgandis, fuper
qui bus lie m« Kexerat delatus.
Krantx. h'tfl. Saxcn,pag. 106. ^
jibbas Urfperg. anno 1072.
(5) The Author adds, of
Sknna\ but he was oF Scana^
a littie Town in Tr/fcany, un-
der the Arbhbiihop of Sknnay
Gregorius VI I. ja'ith Platina,
Fatria Soanenlis. -And Onu-
phrius add-^j £x Comitibus Fi-
tiliani, 5c :5oan3e/Monachus &
prior o'iin Cluniacanlis. In
Chruh H^^m, Pent,
(6) TJatina (faith that Gre-
gory) forbid only his lelling
the Biihopricks and Benefices,
under pain of Ecclefiaftical Cen-
fures. In the Life of Greg. YII.
(c) Platina reports the Form of
Excommunication of the Empe-
ror Henry lY. in thefe Terms :
Beate Petre Apoftolorum Prin-
ceps, inclina quasfo, aures tuas,
& me fervum tuum exaudi,
quern 6c ab infantia educafti, &
uiq; ad hunc diem ab inimico-
rum manibus vindicafti, qui me
pro mea in te £de oderunt &
perfecuti lunt. Fateor ego,
mihi tua gratia, non meis meri-
tis Populi Chriftiani caulam de-
mandatam tfi^fiy conceifamq; li-
gandi cs: folvendi' poteftatem.
Hac itaq- fiducia fretus, omni-
potentis Dei nomine, Patris,
Filii, iX Spiritus Sansili, Hen-
ricum
Benefices and Revenues. 89
the. Admlniftratioii of the Kingdom of Jtdy and
Germany, He alio made a League with the Rebels,
and dVew the Emperor's own Mother into it againfb
her Son ^ excommunicating withal the Biihops, who
were his Minifters, or in any Employments under
him : And betwixt the Years 1076 and 1085, ^^^^
the the Pope died in Exile at Salernum^ he had ex-
communicated the Emperor four times, befides a
General Decree he publiih'd on the lam.e Occafion,
importing, That if any Clergyman ihould accept a
Biihoprick, Abby, or any other Benefice from the
Hand of a Layman, he ihould no longer be reputed
of the Order, but be excluded from entering the
Church : And that all Kings, Dukes, Marquilies,
Counts, or any other lecular Lords or Powers what-
foever, who ihould be fo hardy to pretend to give
Inveilitures of Benefices, ihould incur the fame
Cenllires (d).
The
ricum Regem, Henrici quon-l
dam Imperatoris filiuni, qui
audacfter nimiuiii, /S: temerarie
in Ecclefiani tuam manum inje-
cit, Imperatoria, Regiaq; ad-
ininiftratione dejicio, ^ Chii-
ftianos omnss Iiiiperio lubjec^os
juramento illo abtblvo, quo fi-
dem veris Reg ibus praeftaie con-
llieverunt. In the fame Ijj^:,
It is worthy oblervation, that
it is by the Force oFthis Excom-
munication, that the Popes have
begun to ibake off the Voke of
the EmperorSj whole Yallals
they were, and which is more,
to ailume a Right -of taking
away the Crown from thole,
who always bad the Power ot
depofing the ,Pof e.?, wlicnever
they abus'd the Pontifical Au-
thorit}'.
{d) Authoritate omnipoten-
tis Dei decernimus, ut qui de-
incepsEpilcopatum, vel Cssno-
bium, vel aliquid aliud Eccle-
fiallicum beneiicium a I.aico
acceperit, nuUomodo in numero
Epilcoporum, Abbatum, vel
Clericorum cenleatur: Eifdem
quoq; cenUiris teneri volu-
mus, & alligari Reges, Duces,
& Principcs, qui Epifcopatus,
, Ecclefiadicafve dignitates^quod
I contra jus faiq; ell, demandare
I alicui fuerint aufi Prseterea
I vero gratiam S. Petri, & ingref-
ium Eccleliae his interdicimus,
'j quoulq-, penituerint fatisiece-
'rintq:. Ibidem,
It
90
OfEcCLESlASTICAl,
The Emperor, leconded by the ^'eater Number
of the Biihops, who fbllow'd his Party, maintain'd
his Caufe lb well, by Arms, againft the Pope and
his Adherents, that they ran a Very imminent Ha-
zard in the Conteft. But Pope Gregory ^ who had
before excommunicated the Normans -a.?, XJlurpers of
the Kingdoms of Sicily and Abulia ^ now had Re-
courfe to their AfTiftance, took off their Excommu-
nication, and made Conceflions to them in every
Point, which before he had made the Ground of his
Qiiarrel. And if (upon this Agreement, and to bal-
lance the Emperor's Powerj R^ert (i) King of Sicily
and Naflesy had not, from perlecuting the Pope,
turn'd his Arms to his Defence, the Qiiarrel had
ended intirely to the Emperor's Advantage (8^.
But the Pope, tho' at that time an Exile, wich the
Ailiftance of Robert ^ fail'd not to liipport his Party.
It is to be obferv'd, that
Gregory y to colour his unjuft
Deligns to take away the Right
of inveftiture from Princes,
ranked it among fpiritual Things :
Tho* it was no more than a meer
dvil, and politick Ceremony,
by which Princes put the Ei-
Ihops and Abbots ip Polfeflion
of the FieFs and Eftates, belong-
ing to the Billiopricks and M o-
Tialleries : For to fay, that be-
caule Bilhops carry a Paftoral
Staff, which figniiies a Spiritual
]uridi6i:ion over their Flocks,
and wear a Ring on their Fin-
ger, as a Type of their Mar-
riage Contra(ft with their
Church, that it therefore looks
as if i^rinces would pretend to
convey (piritual Power, which
they have not : This is a ib-
pliiiHcal Interpretationj which
confounds the Temporalities of
the Benefice (of whicli the
Prince, as firft Proprietor, and
Reprefentative of the People,
hath the DifpofaL) with 'the
Spirituals, which cannot be com-
municated but by the Impofi-
tion of thofe Hands, who con-
lecrate Bifhops. A Confecra-
tion which would be of no Signi-
iicancy, and ridiculous, if the
Inveftiture of the Prince coiv
ferr'd fpiritual Authority. .
(7} Call'd Gtiifchardy that is
to fay. The Crafty.
(8) Matcbiayel, lib. i. Hifl.
of Florence faith. That from
thefe Quarrels betwixt Empe-
rors and Popes, arofe the Fadi-
ons of Guelps and Gibdins, of
which the iirll took part with
the Pope, the other with the
Emperor.
And
Benefices and Revenues q\
And the continu'd Services of three of thefe Rogers,
all Princes of the Family oi' Robert ^ to the two 5uc-
ceiTors of Gregory^ both Monks of the lame Order,
procur'd tlom the lail of thefe Popes, Vrban II. a
Prefent of the Bull of the Monarchy of Sicily (9)
to one of the Princes, in Recompence of all the i?er^
vices performed by the Normans to the holy See :
By v^hich Bull, he granted a larger Power over Ec-
clefiaftical Affairs, than that which he attempted
with lb much Pains to extort out of the Emperors
Hands.
A gain ft whom. Pope Gregory^ befides his repeated
Excommunications, and the frequent Rebellions
which he ftirr'd up and fomented, prevail'd even
with the Em^.i^rs eldell Son (10), to join in Re-
bellion
(9) which dedar'd him born
Legate of the holy See;, and as
iuch, conftituted him Judge of
Ecclefiaftical Caufes. Tho' this
Grant be Apocr) phal, and In-
tirely fiftiticus, in the Opinion
of the Learn'd, yet the King of
S^ahi^Ti^ his Minifters fail not
to take the Advantage of it, in
its utmoft Rigor;, eveji to the ex-
communicating Priefts, Monks,
Abbots, Bilhops, and Cardi-
nals themfelves, who reiide in
the Kingdom ; and to attribute
to themielves the Title o^ Moii
Holy Father. In the Year \^^6
the Council of State of Sicily,
which took upon itlelf the Qua-
lit}^ 01 the lacred College, pub-
lifli'd a Book, intitl'd, The :^/b-
narchy, with i^efign to autho-
rize the Spiritual Sovereignty.
Cardinal Barnrus hath writ a-
gainft itj Tcni, 1 1, of his Annals,
but fuceeded fo ill, that the
Vice-Roy o^ Naples and Sicil/y
and the Governor o't Milan fup-
prelVd thisVolum, without any
Regard to the Complaints made
by the Cardinal, in his Letters
to rhilip IIL King o{ Spain.
(10) Conrad, who took the
Titleof Kingof /if-^/y, and made
himfelf be crown'd at Milan:
After which he married the
Daughter of Rrger King of Si-
cily, who gave him powerful
AiHftance againft the Emperor
his Father. So that one o'i our
Advocates-General, o'i the lad
Age, whole Name I have for-
got, had reafon to fay, Ipeak-
ing o^ Gregory VIl. that under
him, the Romijh Church was
truly the Church Militant.
And yet a '^accbin Friar of
Enghien, was not fenfible he
made himielf ridiculous in wri-
ting
9^ Of Ecclesiastic AL
bellion againft his Father, who by this Means was
almoft driven out of Italy : And the fucceeding
Pope(ii) purfiiing the lame Methods, in carrying
on the War, pour'd out his Excommunications
afrelh upon the Emperor, plied him with frequent
Rebeihons, ply'd his fecond Son H<??7r>' againft him,
and perliiaded him like wife to take Arms. So that
at length the Emperor, after great VicilTItudes of
Fortune, came to an x\ccomodation ^ but was de-
ceived in the Conditions, and in the end reduc'd to
a private Life, by a Relignation of the Empire to
his Son C12).
After the Death of the Emperor Henry IV. Tafchal^
the 4th Pope (13J, (reckoning from Grgeory VII.
who firll took up the Spiritual Arms of Excommu-
nications, to wrell the Invelliture of Bilhops and
Abbots out of the Emperor's Hands) held firll a
ting an Apology for St. Gre-
gory VII. in anlwer to Father
Alexander, a Learn'd Brother
ofthe lame Order. After which
he might well think of making
another for Pope "JuUm II. who
fo nearly refembrd GregcryWl,
(11) Vi^or III. who had been
Abbot o? Mount'Cajfm,
(12) Vv horn he had caus'd lo
becrown'd King ofthe Roma}is
^t Alx-la-Chapellei Anno T099.
This unnatural Son, ieeing
his Father come with a power-
ful Army to the Dyet held at
Mmti^ in "January, An, ico6,
went to meet him, and calling
himfelf at his Feet, begg'd
Pardon, with all the outward
Marks of a fincere Repentance.
The Emperor was wrought u-
pon with this feign'd Submif-
iion, and the}- both went toge-
ther to Bmgefty where the Son
deluded the Father, raiiing a
Jealoufy in him. That the
Archbifhop of Ment^ might
keep him irilbner, if once he
enter'd that City, before he
was ablblv'd from his Excom-
munication: That therefore it
were more advileable lor the
Emperor, to Hay i}:i\] Sit Bingen
while his Son w'ent to open the
D) et at Mentx, and try to dif-
poie the Princes of the Pope's
Party to a Reconciliation. The
Emperor fwallow'd the Bait,
and his Son going without him
to* the Dyet, got himfelf pro-
claim'd Emperor, at the Re-
queft of the Legate, w^ho af-
lilled there in the Pope's Name.
(13) Gregory YU, Vi^orlil,
Urban 11. I'afcal II.
Council
Benefices and Revenues. 95
Council at GuaftalU^ a little Town in the Dutchy of
MantUitj and then another at Troyes in France^ in
which he renew'd the Decrees of Gregory VH. and
Vrhan II. importing, That no Laick fhould inter-
meddle with the Collation of Benefices (14J.
In Fra?ice theie Decrees were not admitted, but
the King maintained the former Ufage, as alio the
Emperor Hemy V. who was his Father's lecond
Son. This Prince, in the Year 1 1 1 o, marching in-
to Italy with an Army, in order to receive the
Crown of the Empire, and the Pope having refus'd
to crown him, while thofe Differences were depen-
ding ^ they were compromis'd in this Manner, That
the Emperor ihould come to Rome to receive the
Crown, and that no mention ihould be made of
the Invellitures on either Side, but as an Affair,
which had bred fb much Diffurbance, be dropp'd in
Silence. The Emperor came accoreiingly, and the
Pope believing himfelf the ffronger, would have
oblig'd him, contrary to the Agreement, to have re-~
nounc'd the Inveftitures. But the Emperor, having
taken a better Ellimate of his own Strength, had.
tho, Courage to demand a Revocation of thele De-
crees, laying. He would not be leii than Charlernaign^
Ludovicus PiuSy or the Debonair ej or other his Pre-
deceifors, who had enjoy'd the undiiputed PolTefHon
of the Inveftitures "^ : This eniianiing the Qiiarrel,
the Emperor feiz'd on the Perlons of the Pope, and
the greater number of Cardinals, and carry'd them
(14) riatina in the Life of Pope (who reftbr'd theEifhop.
Urban II, {a.khy That oriii Hdnry to his Eifhoprick) 'I hat he
Bifliop of Soijfons refign'd his would never affiil: at the Coij-
Eiihoprick into the Popes lee ration of E if hops, which
Hands, as not believing the ihou'd be prelented by Lay
King of Frayice, who had pre- Hands.
fented, had a Right to nomi- ' '^ V ide Sigebert Gemblacens,
nate-, and took an Oath to the in Chronico, Anno iiii.
Prilbners
94 Of Ecclesiastical
Prifoners out of Rome. This produc'd a Treaty
again, by which the Pope confented to crown Henry
Emperor, and to yield to him the Collation of Be-
nefices (e), and no more to excommunicate him
for exercifing that Power : All which, the Pope
fwore to obferve. Then Celebrating Mafs, the
Pope took, and gave the Sacramdnt upon it, divid-
ing the Holt betwixt himfelf and the fimperor (/),
pronouncing the moft dreadful and execrable Impre-
cations on the Violaters of this Peace.
When the Pope returned to Rome^ he declared ftill
he would obferve it : Neverthelefs, his Legates
took the Liberty to excomxmunicate the Emperor,
and two Years after, in the Year 1112, thele Im-
precations had io lolt their Eorce, that he held a
Council, in which he confirm'd the Decrees of the
Popes Gregory and Vrhan^ that none iliouid receive
Inveftitures from Lay Hands ^ and procured alfo
the late Pacification with the Emperor to be anmilfd
(e) In Reconciliatione autem
quse fa(a:a eft inter Imperatorem
& Papain, (nam ipfum Papam
cum Epifcopis, & Cardinalibus
ceperat) die Pafchse Henrico in
Imperatorem coronato, poft
Ledum Evangelium, tradidit
ei Papa ante altare Apoftolorum
Petri & Pauli, in oculis omni-
um Principum Privelegium de
Inveftitura Epifcppatuum. vel
Abbatiarum tarn per annulum
quam per virgam fcilicet ut
I'egni ejus Epilcopis, & Abba-
tibus, libere pr^eterviolentiam
& Simoniani ele»5lis, inveftitu-
ram Virgae &: annuli, conferat ;
poft inveftitionem verb Cano-
nice confecrationem accipiant
ab Epifcopo ad quem pertinue-
rit. SJgebertus in Chrcnicc-,
Anno nil. ^ Abbas Vrfer^
^enfisy eodem annc,
(f) Con£rmatio pads inter
Apoftolicum & Imperatorem,
dum in Celebratione Miflse tra-
deret ei Corpus & Sanguinem
D. N. Jefu Chrifti : Domine
Imperator hoc corpus Domini
natum ex Maria Yirgine^paffum
in Grace damns tibi in Con£r-
mationem ver% pacis inter me
(5: te. Sigebertiis in Cbrcnico
anno cit, vide ^uretuw in Nct'iS
c,d Ep. 236, Tvcnis CatiKt,
pag, 195.
and
Benefices and Revemtes. ^^
and declar'd void, by that Council (15) : And to
leave no Doubt of its being fo, lie finally exconi-
communicated the Emperor again, in the Year
1116.
FopeGelafius II. was immediate SucceiTor to Pafcal^
and next after him, came CaHftus II. betwixt whom
and the Emperor thz Contell liill lafted, and he was
excommunicated fucceiTively by them both.
Thefe three Popes not only made ule of Excom-
munication, but found him Employment like wile in
the leveral Rebellions, which they fbirr'd up againli:
him, and which were headed by Lotharm o^ Saxcny^
whole Arms had gain'd frequent Advantages againft
him. At length, the Emperor finding himfelf be-
let with fo many Difficulties, renounced his Claim
to the Inveftitures C^). Thus ended a Qiiarrei,
which
(15) When the Emperor
complairi'd of the Excommuni-
cation thunder'd againft him,
fome time after by the Council
of Later an, the Pope, Pafcal^^
madeanfwer. That he had in-
deed promis'd, he, himfelf,
never would excommunicate
the Emperor , in Claim of the
Inveftitures, but never promis'd
that he would not make him be
excommunicated by a Council.
To which the Emperor might
have reply'd, That this Excom-
munication was an h€t of the
Pope himfelf, feeing he had con-
firm'd it with the Kevccation of
the Inveftitures : For tht; I'opes
pretend, that the Afts of Coun-
cil are not valid without the
Papal Confirmation: So that
both the Revocation and Ex-
communication had been void 11:'
the Pope had not coniirnfd
them.
(g ) See the Jcl HfeJf: Ego
Henricus Dei gratia Romanor-
um Imperat. Auguftus pro a-
more ,Oei, & fandx Romanae
Ecclefise tk Domini Papse Ca-
lifti, (S: pro remedio animae meae
dimitto Deo, 6: fanAis ejus
Apoftolis, Petro *Sc Paulo, fan-
(ftje Ecclelije Catholicse cmnem
inveftituram per annulum &:
haculum & concede in omnibus
Ecclefiis fieri eleclionem & li-
beram confecrationem. Poifef-
ficnes ik regalia B. Petri, qu.c
a principio hujus dilcordiai uiq;
ad hodiernam diem five tem-
pore Patrismei five eiiammeo,
ablata funt, qux habeo, eidem
fanAse Rom. £cclefi?s refcituo:
Qux autem non habco, ut reiU-
tuantur. hde liter /avabo. i?cf-
ieiTiones
96 Of Ecclesiastical
which (had lafted 56 Years^ under fix Popes) had
been the Occafion of excominmiicatlng an infinite
Kumber of People, Ecclefiafticks and Seculars,
who had engag'd in the Emperor's QT.iarrcI ^ and
which had been the Deftruclion of Millions of Peo-
ple, on one Side, and the other, in 60 Battles,
fought by Henry the Father, and in 1 8 by Henry his
Son. ]iTant<& molis erat~] So great a Work it was to
lay the Foundation of fo vaft a Stru£lure, which we
have lince feen carry 'd up to its Height : Of which,
we ihall have occafion to difcourie of hereafter. •
In the mean time, the Judgments were very va-
rious, which were made concerning thefe Differen-
ces," betwixt Pope Pafcal and the Emperor : Some
faid the Agreement on tiie Pope's Part was void, as
proceeding from Fear, and made while he and the
Cardinals were under Confinement, and in the Em-
peror's Power (i (5) ^ and that therefore the Pope had
Reaibn to difown it. On the other fide, it was an-
fwer'd. That if this were void, as having been ex-
torted by Force, that Argument were as good for
tliQ, Emperor, who was as little bound to obferve
all that he had agreed to on his Part, to ihelter him-
felf from tht^st Storms of Excommunications and
feffiones etiam omnium aliarum
Ecclefiarum & Princlpum, &
aliorum tarn Clericorum, quam
Laicorum concilio principum,
& juftitia, quas habeo ut red-
dantur, iidditer juvabo. Et do
veram pacem Califto, fanftse
Rom. EccleliK:, & omnibus qui
in parte ip/ius llint;, vel fuerunt^,
& in cuibus lanfta Rom. Eccle-
fia auxilium pollulaverlt iiddi-
ter juvabo. Abbas Urfper^enfis
in Chron. an, ^ 122.
feenj, and prevented this Ob-
jeAion ; for after his Corona-
tion, where the Pope had di-
vided the Hoft betwixt them,
in Token of a perfed Reconci-
liation, he procur'd a fecond
Bull of ^le lame Tenor with
that which the tope had gran-
ted before he was fet at Liberty ;
to the end the Court of Kctr^e
fliould have no Pretext to pro-
teft againft the Conce'TIon, or
rather Ccniirmation of invefli-
(16) The Emperor had fore- turcs.
■ Anathemas,
Benefices and Revenues. 97
Anathema's, belides fo many open Rebellions and
private Conlpiracies, which may be reckoned as
thrown into the Compofition to raile the Storm :
And therefore what Realon was there any more to
renounce an Agreement made for Fear of Imprifon-
ment, than one made in Terror of Excommunication
and tlie Confequences of it, and of feeing his Peo-
ple in Confiilion, and his Eflates torn in Pieces,
and overturn'd with Civil Wars.
Some Fathers of the Council in the Prefence of
Pafcaly made ufe of this Dilemma^ " If the Decree
*^ by which the Pope confented to yield up the
" Inveftitures to the Emperor, were lawful, it ought
*^ to be obferv'd : But if it be unjuft, and, as Ibme
*' fay, heretical, the Pope, as the Author of it,
" is therefore unjuft and heretical alio ^.
It is certain, that a Conceflion of a Thing jufl and
due in itfelf, is valid, tho' made through Fear -^ and
on the other fide, an Ad: is never juilihable, if a-
gainft the Law of G O D, by the llrongeil Imprel-
iion of Fear that can be pleaded (17).
* Abafs Urfpergenfis in Chron,
anno 1116.
(17) Eecaufe the Natural
Divine Law is, oF itfelf, good
and immutable, and commands
things abfolutely necellary to
Salvation. And for this Rea-
fon, according to St. 7h^?T2asy
the Commandments of G O D
bind ablolutely, arid not the
Commands of the Church,
which, for that Reafcn may,
in fome Caies, be diipens'd
with.
H
CHAP.
98 Of Ecclesiastical
CHAP. XXIV.
TH E Struggliiigs and Contentions betwixt the
Popes and Emperors, about the Inveffcitures
of Biihopricks and Abbies, were not confin'd to
Italy and Germany alone, which were the Kingdoms
and Dominions of the Emperor : But feveral Bi-
iliops in France like ways, excited either by hitereft
or Example, took the fame Occafion to oppofe the
King "^. But as they were not enough united, to
enter all into the fame League with the Pope '|',
the King generally carried his Point : And the
Popes contented themfelves to gain that by little and
little, which it had not been poflible for them to
have compafs'd all at once. ^
In EngUndj where the Kings had hitherto always
conferrM the Biiliopricks and Ahbksy Jn/elm^ Arch-
biiliop of Canterbury y in the Year 1 102, in Obedi-
ence to the Pope's Decrees, began to refufe to con-
lecrate Biihops nominated by the King (^a). This
donteft held for many Years, the King maintaining
* Vide Gcffnd. Vmdoc'm*
ira^, 2, 3, C!? 4.
-f:' Vide Tvcn. Carnct, ep, 60.
{a) Eodem anno [ 1113]
Anlelmus C^mtuarienfls Epiico-
pus Concilium tenuit Londoniis
in ecclefia ^t. Petri, prsefente
Rege, & luffraganeis Epifcopis.
In hoc concilio — - Regi, qux
Rom?e decreta erant, Concilio
generali, piano fermone delcrip-
jit, quod videlicet nullus Eccle-
fiarum Prsi'atuSj Epifcopus^
vel Abbas, v^el Clericus inve-
ftituras alicujus Ecclefiafticae
dignitatis de manu fufcipiat
I.aicorum. Et quoniam ad juf-
iionem Regis quofdam Epilco-
pos, qui inftitutiones a i\.QgQ
fulcepemnt, confecrare noluit,
vel eis communicare Rex vehc-
menter iratusprsecepit Gerardo
Archiepifcopo £boracenfi, ut
eos conlecraret : Sed Willie] mus
GifFardus VVintonieniis Ele<5lus,
qui coniecrari debuit, Gerardi
fprevit confecrationem. Quare
juffu Regis eliminatur a Regno.
Matth, Farh in Hsnrico, Vide
Juretum in not is dd epift. 190.
Tuonis, ^ Baluiium Mifcell.
torn, 4. paj^, ^'J'J;
his
Benefices and Kevenues. oV
iiis Authority ( I ), and the Archbifhop, fupported
by tht Pope, oppoling it. The King, in Hopes to
bring the Pope to hear Reafon, lent an Ambaiiador
to Rome^ who, provok'd by the rongji Anlvvers and
Menaces of tho Pope, declar'd that his Mailer
would never yield up his Authorily, tho' he loit his
Kingdojn in its Defence : To v/hich the Pope, with
no lefs Boldueis, reply 'd. He would never liiifer the
King to nominate to the Benefices, i^ he lofc h's
Head (h). The King flood his Ground,, and Jnfelm
was forced to quit the Kingdom ; nor could he ever
return again, v^ithout complying with the KinL^(c).
But this Prince dying without Sons, and a Civil
War enfliing, it was eafy for the Clergy to intro-
duce in Evglandj what the Pope liad done in the
Empire, by the Renunciation of Hmy V.
(i) He infiilied, that the In-
veftitures of Eiihopricks was a
Right of bis Crown, and en-
joy'd by his Anceflors for time
immeinorial.
{b) Die pro Regiis condituo
negotiis^ Wiiliehnus de Ware-
naft Clericus, & Procurator
Regis Anglorum caulam ipflus
in medium tuUt, ac inter alia
conftanter allegavit, quod nee
ipl'e pro regni amiifione iiivefH-
turas Eccleliarum amiitere ve-
lit, & hoc verbis minacibus af-
iii-mavit. Ad hacc Papa, ii
quemadmodum dicis, Rextuus^
nee pro regni amillionc donatio-'
nes Ecclefiarumaniictere pate-
retur, fcias prjecise" coram Dto
dico, quia nee pro mel capitis
red^mptione easilii impune per-
mitterem cbtini^re. Math. Varu
anno 1 103. Vide Will, Mah>:J'
burknfefKi Hk i«
(c) Eodem anno fiicp]
factus eft Conventus Fpifcopo-
rum & Abbatum pariter <:^ raa^^-
natum Londiniis in Palatio Re-
gis, proeliderte Archiepiicopo
Anfehlio, cui innuit Rex Hen-
ricus, is: ftatuit, ut a]) eo tem-
pore in reiiquum nunquam per
donationem baculi paftorais,
vel annuii, quijquani de Fpii-
copatu, vel Abbatia per Regem,
vel quamlibet Laicaiii irja'num
Inveftiretur in AngUa, concc-
dente Archie pi fcppo, ut nulius
ad prselationthi elecf us, pro ho-
magio quod Regi faceitt con-
fjcratione iuiccpd honoris pi I-
varetur. Mcii. rarzy,
Me?;rajy fpe^k'ng of th;:;
Agreement, fa th, that^flri^^liy
ipeaking, it wa^cnly changii-'g.
Terms, ibr who pays Horfirc^e
is a Vallalj und holds of him
to whom lie pa} s it, 'hi tbs
Life (f t'hv.i Auu-uilus,
H 2 It
loo Of Ecclesiastical
It is true indeed^ that in the Year 1 132, LothartHs
of Saxony J who lucceeded the Emperor Henry V.
being fought to by Innocent II. to acknowledge him
for Pope, and Anacletus II. (2), his Competitor,
reflis'd it, unlefs Innocent would reftore the Inveffci-
tures, which Bmry the Emperor, his PredeceiTor,
had renounced : And probably Lotharius had ob-
tained them, if he had not delifted from his Preten-
fions at the Inftance of St. Bernard (d), his intimate
Friend ^ who made him fenfible how ill it would
look in him, to maintain a Claim, which himfelf^
at the Inftigation of Pope Pafcaly had taken Arms
againfl the Emperor Henry to overthrow, and which,
at the fame time, would be owning himfelf to have
been a Rebel againft his Prince in an ill Caufe.
And here we find a very ordinary Confequence of
great Vidlories, that where the Force of an Enemy^
is not quite broken and exhaufted, the Remains of
the vanquiili'd Party often gather Strength, and re-
vive their old Pretenfions (f), which a prudent
Conqueror will try rather to defeat by Artifice and
Temporizing, than to return to open Force, which
might re-kindle the War (J).
(2) Who, accord[ngtoOm<pb-
rlus, was created the fame day
^Yith Irmccent II. and held the
Chair 7 Years- and 9 Months.
Innocent was chofen by 17 Car-
dinals, and Anacletus by 2i,
which feems, with feme Rea-
fon, to make the Eledion of
Innocent very doubtful.
{d) Importune Lotharius
Rex inflitit, tempus liabere le
reputans opportunum, Epifco-
porum fibi reflitui Invelfituras
«|uas ab ejuldem prjedeceffore
Imp. Henrico per maximos la-
bores Rom. Ecclefia vendicarat.
Expavefcentibus Rom.R.poten-
tiam, murum feoppofuit Abbas
fanftus, audacfter eniin refiftens
Regi, verbum ma'ignummira
libertate redarguit, mira autho-
ritate cornpefcuit. In hU Zifcy
by Allen Bi^)op cf Auxetre.
cap. 18.
(e) Relidis per quos relurge-
ret bellum. Tacit, AnnaL 3.
C/j Elfe adhuc viclis vires,
ambiguas, fl deliberarent, acres,
ii delperalTerir, viftoriam coil-
filiis, & ratione perfici. Hifi,i,
. Thus
'Benefices and Revenues. loi
Tliiis ic happen'd on the prefent Occafion, the
Popes could not gain fo abtblute a Victory^ in a
Caufe of flich vaft Pretenfions, but that there would
yet remain, here and there, lome Benefices in the
Dilpofal of Laymen, and that there was ftill ibme
Prince, who, tor hiterell of State, would dilpole of
Biihopricks, without any Regatd had to the Pope's
Preteniions.
In France the Regale remained in Force, w^hichis
a Right the King hath of conferring all finple Bene-
fices, or luch as are without Cure, that ihall fall
vacant after a Biihop's Death, untill a Succeffor be
appointed (3).
in Germany^ the Emperor preferv'd a Right vs\
many Churches ■^, of prefentingone of the Canon-
ries : And leveral other Princes retain'd likewile
divers partiailar Rights.
The Popes fearing to revive the old Qiiarrel, and
to . hazard the lofing all the Advantages they had
gain'd, if they fhould attack thole particular Cu-
ftoms, or to prejudice the Common-caufc, by let-
ting them run on, wifely had Recourfe to Nego-
tiations and Artifice. So they bethought thejn-
felves of a middle Courfe, which was to fet the
Canonifts, and other Pen-men, who were in their
Interefts, on writing, to prove, that Princes enjoy 'd
this Power by ConcelTion only from the Popes *,
vyhich ferv'd to advance an Op'nion, that Princes
had no Right w^hatfoever, but wdiat proceeded from
the Grace and Favour of xh.^ Popes, and even, to
carry the Pretenfions of the holy See yet higher :
Tho', whatever the Pretenfions were, they met
(3) The Regsl lafted not
only until the Creation of a
Suxeflbr, but until be had ta-
ken the Oath of Fidelit^• to the
King, and had obtain'd Letters
of Licence to take PoUeilion.
* Abbas Urtper^enfis, anno
1122.
H 3 with
to:? Of Ecclesiastical
with a great Difpofition in Princes to bear with
them :, who periuaded themfelves, that the Addi*
tion oi:* a Title from the Church, ftrengthen'd their
own ^ that it was a quieting and enfiiring the Fof-
feffion, and putting them under Coyiert from the
Papal Perfecutions.
But the Event ihew'd how much they were mi*
ftaken in the Pvcmedy they propos'd, which proved
a Poilbn to the Dillemper, and deftru6tive of all
Qiiiet : For abont the Year 1 300, Boniface VIII. had
iharp Contefls with Fhdi^ the Fair^ King of France^
to make him renounce the Regale ;, and the Qiiarrei
went lb high, that the Kingdom was brought into a
very dangerous Condition, not only by its being
laid under Excommunications and hiterdi^ions (^),
but by its being made a Prelent to the Emperor
Albert J- to incite him in his undertaking the Con-
queft of it.
Thofe, who at firft belrev'd it would be for their
Interefr, to hold that by Conceffion from the Pa-
pal Chair, which was, in Truth, the fole Property
of the Princes^ did not confider, by what brittle
Bands all Apoilolick Concefiions were held -^ iince
110 Agreernent could ever be found ftrong enough to
(4) The Author adds. That
the King was deprived of his
Kingdom; but this is eafily
uriderflood, fitice Bcnifare gave
it to another Prince. Yet this
hinder'd not Pbrl/p and ^^IbeH
from coming to an Interview as
good Friends, at Vaumdeurs
in Champagne-, where thry re-
newed the ancient League be-
twixt the Empire and France,
anno 1299. and the Year fol-
lowing a Marriage was fblem-
Albert, with Blanch the Daugh-
ter o^ PhiUp.
(a) Miilb in Franc'am Ar-
chi-Diacono Narbonenii Phi-
lippum vetat£J5^»//^f//^^Jquid-
c^uam de Ecclefise proventibus
percipere, qui tametfi Ecclelise
defenfor fit, fetamen Regnumq;
Francias per ejus contumaciam
ad Rom. Eccleiiam elle devo-
lutum. Gagv'm. lib, J. de rebus
^^cflis Franc, Vide Paul M-mt-
Hum in Fhilippo .pulcbo^ pag.
Filz'd bttwht Rod'lphm Son 0^ 169,
biijid
Benefices and Revenues. lo^
bind Popes, but that they pretend to a Power of
revoking, even without a Caufe, (not that they
ever want Pretexts for one) any Privileges whatib-
ever, granted by their Predecelfors : Behdes, that
whoever poireiieth any thing in his own Right, and
yet is contented to acknowledge it as held of Grace
from another, may apdy be compared to a Man,
who leaves his own Ground, to build on another
Man's.
On the Contrary, when any Prince, whole Pa^
tience was worn out, and grown weary of the De^
pendance, conferred any great Benefice of himfelf^
which the Kings o{ England and Sicil)' did ver fre-
<]uently, the Popes inade no Words of it to the
Prince, for f^ar of engaging too far in Contefts ;
but to prevent any future Prejudice by the ill Pre-
cedent, they fo wrought by the Monks, that the
Eleft ihould renounce all his Right into the Pope's
Hands (/?), who ihould oblige himfelf to give them
the Inveftitures :, by which Expedient they arriv'd
at tile peaceable Enjoyment of that, which other-
ways would have been eternally conteiled, and have
put the Ele^r in endlefs Difficulties.
(b) Hacratione, atq* hoc oi-
dine Pontificatus Icandere co-
aftus aegre quidem cum multa
lisefitatione conlenfit propter
contentionem illam quae erat in-
ter regnum & facerdotium cauia
Invert iturae 5 & eleftionum Ec-
clefiarum, quas evacuare fibiq;
vindicare plus aequo nitebatur
Imperialis authoritas. Pvurfus
& elongabitur ab eo. Inter has
igitur anguftias politus, quod
unum lalutare ej{;iilimabat, ad
fanftae .^ Apoftolicae fedis auxi-
lium conffjgere decrevit. In ipil)
igitur articulo, cum adhuc in
Aula Imperatoria elFet, votum
nuncupavit Domino, nunquani
ie in Epifcopatu permanfurum,
nifi confentiente & poftulante
autem verebatur, non fine Di- : Ecclefia lua, ipfius Pontificis
vinitatis nutu jam tertio fibi Maximi manu;, Hz conlecrari &
auFerri Epifcopatum, eumq; fi inveftituram confequi merere-
tertio fibi repudiaret, pofle tur. Anonym, in i'ii(i S.Ottoms,
in ipfum competere illam ien- anno 1 102,
t^ntiam : Noluit Benedi^ionem '=
H 4 Ot
104- Of Ecclesiastical
Of this manner of proceeding, Florence of Wor-.
cefiery and Ivo of Chartres "^^ Writers of that Age,
make frequent Mention, as of a common Praftice
in Germany and France^ where, to ule their own
Phrafe, the Popes took with one Hand, and gave
with the other. And it found the ealier Admiflion
with the Parties concern'd, becaufe it drew them
out of the prelent Difficulties : And when the King
who had prefented, came to know it, he was apt to
let it pafs, lince it wrought no immediate Altera-
tion, without confidering what Conlequence it
would have in the End. The Popes alio, at this
Day, play the lame Game againft the Catholick Bi-
ihops of Germany y who refule to admit their Right
of Prevention or Relervations •, of which, more
iliall be laid in its proper Place -f*.
In Sfawy the led ate and quiet Temper of that pru-
dent Nation, together with the good Government
of their Kings, amidft an univerlal Agitation round
about them., preferv'd that Country in a perfect
Calm : To wJiich, the Exercife the Saracens gave
them in thole Ages, might polTIbly contribute, lb
far as to incline them to live in Union with their
Kings, and to make Peace more valuable.
Thefe Kings had never llrain'd their Power over
the Clergy to any extravagant Pitch, in order to
bring thpm lower ^ nor had th^ Clergy ever enter'd
into any foreign Engagements, beyond their Duty,
to exempt themlelves from the King^s Jurifdi^lion.
Befides that, when it was evident that the Popes
had, either by Force or Terror, or by Intrigues,
gained Advantages over other Kingdoms, thefe
Princes lludied always liich Expedients, as might
p. event the Effects of thefe Innovations as much as
Eplil. 190^ 191, & 233. I f See the Article 39.
polTible.
Benefices and Revenues. lo^
poflible. And therefore, tho' Blihops and other
Ecclefiafticks had been conftantly ordain'd here ac-
cording to the ancient Ufage, yet when the Changes
we have mention'd came to be made in other Coun-
tries, thele Princes would have no Differences with
the Popes, but by a wile Temperament, contented
themfelves with contriving, That no Bifliop fhould
be ordain'd, without their Confent : "And to fecure
himfelf of that Right, Mfhonfus VI. fought to Vr^
ban II. for his Confirmation •, who granted him the
Jm Tatronatm of all the Churches in his King-,
dom (5).
Thus we lee the Kings of S^ain have proceeded
in quite another Method than thole of Germany^
France y and England ^ for being contented to hold
that Precarious, and as of Grace from another, which
belong'd to themlelves fingly, they purchased a more
peaceable Enjoyment : When others have been a
long time ftruggling and defending themfelves a-
gainll any Hich Acknowledgement : And yet, both
the one and tJie other ailling upon very prudent
Confidarations.
Thefe law evidently, that it was the high Road
to Subje£lion, and to lole all \ feeing the Demand
of the Pope was not an End of his Pretenlions, but
a Step to much greater. They conlider'd their own
SubieOis, elpecially the Ecclefiafticks, carried by a
Pallion for Liberty, that might be call'd Licentioul^
nefs : And conlequently, as they were always ready
to enter into Engagements with Forreigners, to lel-
1^kn the Authority of their Prince, Hich a Door
ought not to be left open to invite them.
(0 Vlatina faith, That Ur-
ban II. gave the Pallium to the
Archblfhop o'l Toledo^ and crea-
ted him Primate of ^y^^/^, and
excommunicated the King of
GaJicla, and all the Province,
for having imprifon'd the Ei-
fhop of St. James^
But
io6 Of Ecclesiastical
But in Spalfiy tho' the Confidence which the Prin-
ces had in die peaceable Diipofitions of their Sub-
je£ls, gave no Jealoufy of their having Recourfe tp
any forreign Interefts, yet thcfe Princes had a great
deal to apprehend from the low State of their Af-
fairs at that time, and from the Artifices of thole
who had been already fo fucceisful in making the
Subjects of other Princes revolt, who far exceeded
thefe in Power : And therefore, prudently deter-
mined to receive freely, what greater Princes than
themlelves had been compeli'd, after fo many Wars
and bitter Contells, to Hibmit to.
Finally, in that Space of Time, betwixt the Years
1 122, wherein the Emperor Henry V. renounced the
Inveflitures, and 1145, it became a Rule almosfl:
every where eftabliih'd, that upon the Death of the
Biiliop, his Succeflbr ihould be chofen by the Chap-
ter "^, and confirm' d by the Metropolitan : That the
Abbots fliould be chofen by the Monks "j^, and then
confirmed by the Bifhop, if the Monaftry were not
exempted, and if it were, the Pope(i) was to he
apply'd to for his Confirmation. That the other
Benefices, v/hich v/ere de Jure PatronatHs^ ihould be
conferred by the Biiliops upon the Prefentation of
the Patron : But that all the reft iliouid be at the
intire Diipofal of the Biihops,
^ See St. Bernard, Ep. 22.
ad Clerum Senonenieni 276. ad
Eugen. Papam, & 282. adLu-
dovicum Re gem Francorum.
•V Id, Ep. 381. ad Alexan-
drum Prioreni de Fontihus.
(i) Matth, Paris faith, That
this was not praAis'd in Eng-
land^ till after the Year 1257.
Eodeni anno ilatutum cit Rom^e
a Domino Papa, & fratribu*
Cardinalibus qui vigil anter iua
temporalia^rocurant commoda
& emolumenta, aliena non cu-
rantes ut quilibet qui in Abba-
tern exemptum ex tunc elige-
retur, Romanam Curiam adi-
ret conHrmandus & benedicen-
dus. Jn Henrico 3,
There
Benefices and Revenues 107
There remaiii'cl indeed the chief EIe£i:ion of all,
the Poped'Om, which feem'd not to fall under any
Jlegulation -^ for, after the Emperor had been ex-
cUided from the Eleftion, inftead of its returning
to the People, which was a Conlequence ought to
have been expe&d. Innocent II. upon a Qiiarrel be-
twixt him and the Roman People, in which he was
driven out of Rome^ in Return, took away the
Right of Eleftion from the People Qi),
(t) Innocentio II. faith Onu-
phrius, qui pacem quam helium
malebat a Civitatis adminiftra-
tione Tubmoto, novum reipub-
lic9e corpus, prgeter ejus volun-
tatem> conftitutum eft [^becaufe
the Rcma/i People delir'd to
iliake off the Yoke of the Prieft-
hood;, and re-eftablifh the old
Democraiical GovernmentJ In
quibus controverfiis populus
"lomanus, quod Poritiiici re-
bellis eflet^ Anathemate nota-
tus, tunc primum a Pontifi-
ciis comitiis -omnino exclufus.
Primus porro, iine ullo popuU
interventu Papa creatus eft,
mortuo Innocentio ibcundo,
Cxleftinus fecundus, Annotat,
advitam Inncc, 11,
CHAP. XXV.
During the Troubles which arofe upon the Sub-
je£l: of thefe Diiferences, many Cities revolted
againft the Emperor, at the Inftigation of their Bi-
iliops, who were in Confederacy with the Pope -^
and having made themf elves the Pleads of the Re-
bellion, became Mafters of tliQ publick Revenues,
and of the Rights and! Royalties belonging to the
Crown : And when Things came to be compos'd,
they
loS Of ECCLESI ASTICAI.
they were lb well iix'd (i) in thofe PoiTefTion.s, that
the Prince was oblig'd to grant them the Fiefs of
what they had really uliirp'd (2) : By this Means they
acquired the Titles of Dukes, MarquifTes, and Counts,
of whom we find many in Germany at this Day,
both m Name and in Reality ^ tho' in Italy j indeed,
they retain only the Name. And thus we fee how
vaft Secular Eftates became Ecclefiaftick, fand grew
lacred] which receiv'd alfo a conliderable Addition
during the other Troubles and Confufions, which
happen'd under the Emperors of the Houfe of
Suabia,
(i) Tacitus obfervesj that it
is uiual for Ufurpers to alledge
a long and unjuit poireffion for
a juft Title.
Regis Appionis agros proxi-
mus quifq^ poirelfor mvalerant,
diutunaqj licentia 6c injuria
quafi jure & aequo nitebantur,
^nno 14.
(2) It was becaufe of thefe
Fiefs, that many Bifhops, both
German and French^ were ob-
blig'd to go in Perfon to the
Wars.
CHAP. XXVI.
T^ HE Monks in thefe Days, by iriterefting them-
ielves, and by their adive Appearance, in fa-
vouring the Attempts of the Popes againft the Prin-
ces fi), loft much of the Opinion, which was had
before in the VVorld^ of their Smdky.
(r) Mc^eray faith, that in
Confideration of the Services
done to the holy See, in the
Quarrels with tlie Emperors,
that the Popes honoured the
principal Abbots with Epiico-
pal Ornaments, -z//^. A Miter>
a fort of Veftment or Surplice>
or Veftment call'd VaJmatlcay
Gloves, Sandals, and then witti
the Crolier. Life of EhiL
Austuilus.
Benefices and Revenues. 109
As, indeed, all Difcipline and {knd: Obedience
among them were funk lb low, lince they had in-
truded themlelves into the Affairs of State and War,
that it put a Stop to the Growth of their Fortunes -
except in Ibme little Fraternities newly inftituted
in Tufcany^ who made themfelves no Parties in
thele Broils, but preferv'd their Dilcipline (2) : So
that thele ftill ihar'd in the Peoples Devotion, and
ftill prelerv'd the Means of acquiring it, tho' in a
very moderate Degree, becaule of the Poverty of
the Country.
(2) F,* Paold here tacitely
praifeth the Order of Servitcs^
"vvhofe Habit he wore : Por it
was about this time that this
Order, and many others, were
in Collegium coegerunt anno
J)om. 123c. Quo tempore ea
R cgio hujuimodi partuum ferax
erat. Quod in laudibus B. Vir-
ginis cantandis aflidue occupa-
feated in Tufcany. Origo eil:, rentur — a vulgo tunc lervi
faith hC:, in cne cf bis Letters to JB. Mariae vocati j unde ad noii
M. Gillotj ex t'lorentia, in ea jfuccefTores nomen.
Civitate Mercatores quid am le j
B
CHAP. XXVII.
U T there was another hicident in the Times
^s^^ of which we have been Ipeaking, which con-
tributed vallly to the Acquifrcions of the Church,
and that was. The holy War. And Men vv^ere 16
tranfported with Zeal for Expeditions to the holy
Land, and for Contributions towards its Recovery,
that lofing all Memory of their Wives, Children or
Ellates, they enrolfd themlelves in that Service,
ibid all they had, and pafs'd the Seas. The lame
Inlenfibiiity reached even the Ibfier Sex, wlio, with-
out any Concern for their Children or Families, on
this Occallon Ibld their Inheritances to carry on that
War. The
iio Of Ecclesiastical
The Popes, by Virtue of their Briefs, declared
themfelves, and tlie other great Prelates, Frotedors
of the Families and Affairs of all thole, who had
taken upon them the Criilade (a)^ fthe Term ufed
for thole who went to that War againft the Infidels) t
And the Churches drew to theniielves all the Profit
wiiich ufually arifes from being Tutors, Trullees,
Procurators or Sollicitors for Widows, Pupils and
Minors. Nor did the Civil Power think ht to
make any Oppofition, deterr'd by the Cenfures of
the Church, which were then fo formidable and
fulminated in lb great Abundance.
Eugenim III. went yet farther, he ordain d that
every Man m.ight, in Favour of this ho^y War,
alienate even th.Q Fiefs he held^ which, if the
Lord could not come to take PolTelTion of, the
Church might, even againll the Will of the Lord :
(a) Eis qui Hierofolyman!
proiidfcunturj & ad Chriftia-
nam gentem defendendam, c>v
tyrrannidem Infidelium debel-
landam efRcaciter aux ilium prse^
buerint, fuorum peccatcrum
remiffionem concedimus, & do-
nios, & familias^ & omnia bona
eorum in B. Petri & Rom. Ec-
clefiae protedione, ficut a do-
mino nollro Papa Urbano llatu-
,tum fuit liiicipimus. Quicunq:
ergo ea diilrahere vel aiiferre
quani diu in via ilia morantur^
prGsi uiTiprerint, excommunica-
vtionis ultirjne pledrantur. One.
Xat::rayitjub Calixtoll. an.ii22
dip,
\the
the
II. See the 2d Canon of
Coun::il of Clermont^ and
Notes of Mr. de Marca.
A- Cbartres^ep. 173, £5" 197.
' ' AjchbiHiop of Xires^
'J. 1 '.. iViUiam dc Ne'po-
burgy Jib* 3. cap, 25. Kcger
Hovedcfh p'^19' Mattb. Paris
an, 1245. ^^^'^ of Frifingeriy
lib, I. de geflts Fridericz cap, 3 "^w
^5" eprfi, 197. cf hmcccnt IIL
Ub, 15.
Obferve what fheArchbifhop
of l)'re faiths that many Gentle-
men went to the holy Land
only to get difcharg'd from
paying their Debts : L o which
the following Bull o^GregcrylX.
relates, vi^. — Si qui vero pro-
iiciicentlum illuc ad proeftandas
ufuras juramjnto tenentur. ad-
ilri(fli, creditores eorum per
Ecclefiarum PrxlatoS;, ut re-
mittant eis prxftitum juramen-
turn;, & ab ufurarum exadions
deiiflant, praecipimus compelli^
See Mattb, Far is m-Henricolll,
1251,
Which,
Benefices and 'Revenues. 1 1 1
Which, alone, open'd a Way to mighty Acquiii-
tions (i).
It likewise happened, that the Popes would em-
ploy the Aims defign'd for the holy War, in fome
Enterprizes for enlarging the Temporalities of tlie
Church ^ and their Legates, and the Biiliops of
iuch Places as were the Rendevouzes for the Troops
when they were drawn togetlier, would employ
them likewife in fbme Service, for the Encreaie of
their Temporalities.
To this may be added the large Sums which were
drawn from devote People, chiefly from th.Q Wo-
men, and others incapable of iki^Ym^^ themfelves,
in Perfbn *, either to firee them from thQ Obligation
of fbme Vow, or to obtain Indulgences and other
Ipiritual Graces : All which, no Body imagines,
were laid out in the War ^ for befides that, there
is no doubt, the Princes got fome Share, a connde-
rable Part was ftill referv'd in the Hands of the
Prelates, and fo became an Encreafe to the Church.
Then follow'd the Inftitution of the Religious-
Military Orders of the Knights, Templars (a)^
Hoipi-
(i) The Crufades, laith
MeXeray^ rendered the Popes
very powerful, for the)- or-
der'd Princes to enrol theiii-
felves in thofe Expeditions ;
they retaind the Soveraign
Commands of thele Armies b}'
their Legates, and they became;,
in ibme iort^ Lords in Chief
of all thofe who went to the
Crufade ; not only becaufe the
Popes exafted Obedience from
them, but becaufe they took
the other under their Protection
till their Return; which was
like Letters of Stdit^:, and fu-
fpended all civil and criminal
Proceedings. Mezera)' /;; tbs
Life f/ Phil. AuguClus.
(a) Templariorum militum
ordoinftitutusanno iiPd. Hie-
rofolymis ah Hugone de Pago-
nis ^ Gaufrldo de Aldemaro :
Horumq-, fuit primitus profei-
iio, ut vias & itinera maxime ad
ialutem peregrionorum contra
Latronum & incurlantium in-
fidias pro viribus coniervarent.
Cum autem 9 annispoft eorum
inditutioriem in habitu fuiffent
i.eculari.
Ill Of EcCLESIASTICAt
Holpltalers, &c. to guard the Temple of "jerufa-
lem (b), protect the Pilgrims who relbrted thither^
and to iight againft the Saracens. And tho' Re-
ligious Inftitutions tofhed Blood, leem'd fomething
new, and not eafily to be reconcil'd, yet they were
embraced with Hich a Fervour, that the Orders grew
to immenfe Riches in a very fmall time, and confe-
quently, all together, were vaft Articles of Encreaie
in the whole.
fecuUri, in concilio Trscenfi
data fuit eis regula & habitus
affignatus fuit, albus viz. de
mandate Honorii Papae, 6^ Hie-
rofolymitani Patriarch ae. Pod
modum vero i'ub Eugenio Papa
cruces de panno rubeo, ut inter
caeteras effent notabiliores, af-
fuere coeperunt, tarn equites,
quarn eorum fratres inferiores,
qui dicuntur fervientes. Atq;
hi quoniam juxta templum Do-
mini in Palatio Regio maniio-
nem habebant, fratres militiae
tempU feu Templarii appellati
funt. Cangzus in Glcjfar, ex
WHUelmo Tyrioi lib, 12. cap. 7.
(b) Terra ilia promiflionis,
lafte & melle iluens, non folum
religiofos clericos, fed etiam
laicos tarn militesquamalterius
conditionis, ut in ea reliftis pa-
rentibus & propriis patrinioniis
regulariter viverent, incitavit
attraxit & illexit, quorum qiii-
dam hofpitalarii, five fratres
hofpitalis S. Joannis, alii fratres
militise templi, alii fratres hof-
pitalis Sanftge Mariae Teutoni-
corum in Hierufalem nuncu-
pantur, Jacob, de VitriavOy
cap. 64. Hiji. Hierofol.
But in the Year 1313, the
Order of Templars being abo-
lilhed, their Goods were given
to the Hofpltalers: Which is
related at large by the Conti-
nuer of the Abbot UrfpergenfiSy
pag. 28.
GHAP.
Benefices and Revenues. 1 1 ^
CHAP. XXVIII.
ANother cdnfiderable means of Encreafe, was
a ftriO: Review made concerning the Bufiriels
of TytheSj proceeding by Cenllires againft thole
who did not pay them, and compelling the Pay-
ment, not only of the Predial Tythes, but of mixt
Tythes alio ^ that is to lay, befides thole of the
Pruits of the Earth and of Cattle, Perlbnal Tythes,
which proceed from human Induilry and Labour.
To this Enforcement of the Payment of Tythes,
they added alfo the Firft-fruits : Thefe were hrit
inftituted by Alexander II. in Imitation of the Mo-
iaick Law^ which enjoin'd them to the 'Jews - but
Mofes had not determined the quantum^ but lefc it at
large, to the Pleafure of thole who oifer'd them.
Since that, the Rabbins ^ as St. 'jero7n informs us,
have determin'd, that thele Oblations Ihould not be
imder a doth Part, nor above a 40th ^ v.hich is a
Rule our Churchmen have followed in the mofl
gainful Way, adjudging that to be the 40th Part
only, which, in our Days, is cali'd the Fotirth.
About the Year ii'jo^ Alexander III. order'd Pro^
ceedings by Cenfures, to enforce the intire Payment
of Tythes of Mills, Fiiheries, Hay^ Wool (ij^and
Bees (i) : And that the Tythes of every Thing
iliOuld be paid, before the Charges in gathering the
(i) Mandamus quatenus Pa- ' Decret, 3, tit, de decmis, 6c e,
rsecianosveftrosmonerecuretisa cap, s«
& fi opus fuerit fub excomuni- j (2) Mandamus quatenus pa-
cationis ditlriftione compellere, raecianos tuos de apibus, & de
utdepotentibusmolendinarum, omni tiuc^u decimas pertolvcie
pifcaniarum, feno ^ lana deci- ecclefiafticadiilrictione cempel-
mas Ecclefiis quibus debentur las, iLnL cap. 6,
cum integritate perfolvant.
f ^ Fruits
114 Of Ecclesiastical
Fruits (3^ ihould be dedu£l:ed. And in the 1195,
Celeflin III. decreed, under Pain of Excommunica-
tions, the Payment of Tythes, not only of Wine,
Grains, Fruits, Trees, Cattle, Gardens, Merchan-
difes. Soldiers Pay, Hunting ^4^ and Wind-mills (5^ ;
All which are expreis'd in the Decretals of the
Popes : But the Canon'fts have gone much farther,
affirming, that the Poor who beg about the Streets,
are obliged to pay the loth of all the Alms they get,
and Common- Women likewife a Part of their infa-
mous Gain : With fome other laudable Fruits of the
fame Nature, but which have never yet obtained to
be put in Pradice.
Tythes virere aflign'd to the Minillers, in Confl-
deration of their Services they perform'd, m teach-
ing the Word of G O D, and adminiftring the Sa-
craments ^ iince nothing elfe was paid them for
thele FunOrions : Except where fome devout and
rich People would give Ibmetimes out of meer
Bounty, for the burial of their Relations, or for
(3) Cum homines de Hor-
tona de frugibus decimam eccle-
fiae cujus parochiani funt fine di-
minutione folvere teneantur, &
antequam id faciant,mercenariis
fuis de frugibuSj non decimatis
debita totius anni, pro fervitio
fuoimpendant, tuncdemumde
refiduo decimam perfolventes :
Mandamus quatenus eos cogatis
ut decimam ftatim fru^tibus
collcfftis perfolvant. Ibid, cap.j.
(4) Revera flcut fanfti Pa-
r res in fuis tradiderunt icriptu-
ris^ de vino, grano, frudibus ar-
borum, pecoribus hortis, nego-
tiatione, de ipla etiam militia
de venatione decimse iunt^ mi-
niftris Ecclellge tribuendae, ita
ut qui de his eas Iblvere ne-
glexerint, ecclefiaftica, diftrifti-
one debeant percelli. Volumus
ergo & didricfte praecipimus
quatenus decimas Ecclfiis cum
integritate debita perfoivatis.
Ibid. cap. 12.
C5) Quia iidelis homo de om-
nibus quae licite poteil. acqui-
rere decimas erogare tenetur:
Mandamus quatenus H. mili-
tem ad Iblutionem decimarum
de his quae de molendino ad
ventum proveniunt ilne dimi-
nutione aliqua compellatis. Jb.
cap, 23,
Admini-.
Benefices and Revenues^ ii^
Adminiilration of the Sacraments -, which Gene-
rofity, in time, turning into a Debt, and a Sunt
certain^ created a Dilpute j the Laicks refuiing to
pay for the Adminiftrations of the Sacraments, be-
caufe the Tythes they paid were deiign'd for that
Purpofe 5 and theMin-ilers refilling to perform their
Functions, if they had not what they pretended vv as
their Due.
About the Year iico, hnocem III. apply'd a Re-
medy to this Evil, firfl by forbidding the Priefts to
make any Bargain for performing their Min^Hry, or
to refule officiating to thole who refused to pay :
And then by providing, that after they had i^o of-
ficiated, the Laicks fhoiild be compcll'd, by C^n-^
fures, to keep up. the laudable Guftom ffor fo it is
term'd) of paying what was cuiio2nary (6) : In
which great Difference was made betwixt forcing
the People to comply with a Bargain, and a Com-
pulilon by Cenfures after : The one being condem-
(6) Qu^ldam laici laudabilem
confuetudinem erga lan^tam Ec-
clefiam -introduiflam nituntur
infringere. Qua propter pravas
exaftiones fieri prohibemus, &
ifais <:onruetudines praecipiiiius
polervari : Statuentes ut libere
conferantur, ecclellalVica I'acra-
menta, fed per Epifcopum loci^
veritare cognita compelcantur
the Council o£ Zateran, to be-
lieve lb great an Abuie was au-
thoriz'd by them: And that
who would read the Chapters
preceding this, would find that
the Council had condemned this
Cuftom : And that in the lame
Chapter he did not approve the
Ufage of Gifts or Offerings at
the Adminittratlon o]: the Sa^
qui malitiose nituntur laudabi- jcraments, hut only certain lau-
lem confuetudinem immutare. j dablePra(fticeseftabliih'din'Fa-
Decret.Ub, 5. tit, ^i; .S'iwc/2/^. jvour of the Churches, asTitheS;,
cap. ad Apcflclhaw, \ Firft-fruits, Offerings at the
This Conftttution having Ahar, ^c. As Bot.oclus anr^
been c^uoted in the Council of? Giks de Rcma have interpreted
Trent) John Maria dd Mente,' It, Fra, Paclo, lib. 2, Hifl,
firft Legate, faid, it was doing ; Ounc, cfTi^nt,
great injury to the I^ope and
I 2, laed
ii6 Of Ecclesiastical
ned as Sinionical, the other being juftify'd as law-
ful (7).
(7) If tlierefore thofe who i
ferve at the Altar, after thej
Offices perform'd, have a Right
to exaft a Salary, and can em-
ploy fpirltual Arms againft thofe
who refute it: By the fame
Rule, when the People have
paid the Temporalities which
they ow'd the Church, they
may maintain themfelves by
Force, in the PoffeflTion of 'the
Spiritualities, which it has en-
deavour'd to deprive them of;
and fay with the Maccabees,
Ncs pugnablmus pro antmabus
ncflris, ^ kgibus noftrts*
I Maccab. 3.
CHAP. XXIX.
ANother Novelty, cofitributing greatly to their
Wealth, was introduced at this Time. It
had been prohibited by the ancient Canons, to ac-
cept any Donations or Legacies from divers Kinds
of publick Sinners, fiich as facrilegious Perfons,
Curtezans, and thofe who were at Variance with
their own Brothers (/), But all thele Difficulties
were intirely removM, and all Gifts, from what
Hand Ibever they came, were indifferently receiv'd.
{a) Oblationes didldentium
fratrum neq; in facrario ncq- in
gazophilacio recipiantur fimi-
liter dona eorum qui pauperes
opprimunt, a facerdotibus re-
futandafunt. Canon 93. Ccncilii
Carthag, 4, apudGraiian diji,<^0.
Can, 2V
The Reafon why thefe fort
of Offerings were not receiv'd,
was, accordidg to SalwafiuSi
Quia ex Canone 37. Codicis £c-
clelije African* liquet primitias
in Altari ofFerri folitas & fuam
habuilfe propriam benedictio-
nem. Non igitur pium aut
fancftum vifum efl Patribus an-
tiquis, Deo"i'ite conlecrari, &
benedid quas a Peccatoribus ot-
ferrentur. Hinc Canon. 28.
Concilii Illiberitam : Epifco-
pum placuit ab eo, qui non
communicat, munus accipere
non debere. yide M^ndo^um in
hujiG Uciim*
And
Benefices and Rcvcntces, uj
And it is even evident in Practice, that the greatefl
Part of Legacies and Donations beilow'd on this
Church, are owing to the Bounty of infamous and
Publick- Women (i), or of People who are 'gratify-
ing that way their ov/n particular Qiiarreis with
their Relations.
The Popes fet all their Wits on work to facilitate
and encourage thefe Acquifitions, as well as to pre-
lerve the Power of dilpoling them, as we have
ihew'd, which had with fo much Toil and Blood
been wrefted out of the Princes Hands, and trans-
ferr'd into the Clergy's. To this the whole Eccle-
fiaftical Order, induc'd by their own Interefb, not
only conlented, but concurred with their utmoft
A/Iiftance in their Preachings and Writings, con-
tinually inculcating that the intermeddling at all in
the Diftribution of Benefices, and particularly in
the Election of the Pope, had been the Elfed of
Tyranny in Princes, and Ufurpation in tJie People.
And in our Days Baronhts^ throughout all his An-
nals, upon all Occafions, and with great Earneft-
nefs maintains. That for Princes to Interefl them-
lelves in the Eleftion of Biiliops, and efpecially of
Popes, is an impious and tyrannical "Ulinpation.
Not confidering, that the beft Popes have all along
been thoie whom the Princes have made ^ and every
time that the Ecclefiafticks have had the Ele^ioiis
to themielves, without any Lay Mixture, infinite
Diforders have cnliied.
But that which is mofl oblervable is, that the
Popes of the holiefl: Lives, and Emperors whofe
Memories will be eternal, have recomended this
Praclice, and judged it neccffary. KeitJier can it
(i) A Venetian Priefl: told ! Churchy that they might be
me once pleaiantly. That the allow'd to be Chrtllians,
W hores left their Eftates to the i
. I 3 now
ii8 Of Ecclesiastical
now confeqiiently be cenfur'd, without calling Re-
flexions on the Memories of 24 Popes of the beft
Livers, and among others of St. Greory^ and without
condemning tlie ancient Dodrines of the Councils
and the Fathers.
CHAP, XXX,
IF the Churchmen had at firft difcern'd the Con-
fequence of attempting to take away the Invefti-
tures from Princes, they would Icarce have been
drawn into fuch an Innovation : But they thought
to have found their own Intereft in it, and a Means
of being more Independent. Thus the firil Ufage
came to be renew'd, of beftowing all the Benefices
within their proper Dioceifes, by Election of the
Chapter and Collation of the Biihop. The Pope
like wile kept .to this Rule, without pretending to.
any Donations out of the Dioceis of Rome ^ except
in Gale only where a Prelate, whom Devotion or Bu^
finels had carry 'd to Romey and happened to die
there 0) ^ and that Ibme Perfon of very eminent
Merit, of the fame Nation, were found in his Com-
pany or Retinue : Him the Pope immediately would
name in Place of the Deceas'd, and fend him back
with Letters of Condolance to the Diocefs or Mo-
nailery, on tlieir Lofs, and Confolation on the Per-
ibn he had fent to iucceed. This found the eafier
Compliance in the Chapter or th.Q Monailry, as it
happened but very rarely, and as it pafs'd rather as
a Favour from the Pope : Beiides that, there ap-
(1) Thefe Benefices were I Article 3 «?. of this Treatife, and
cali'd Vii^'iintes in Curia, See ' Chap, 2. ^h .p-ckndis in Sextc*
pear'd
Benefices and Revenues. 119
pear'd no Room for Exception againll a Man of
Merit, and of the fame Country.
Buc if the Pope had not fill'd np the Vacancy
before the Kews of it came to the Place, they wait^
ed no longer, but forthwith proceeded to Eleftion
according to Cuftom : And in no other Cafe did th^
Pope difpole of any Benefices out of his Diocefs.
In the mean time, as the See of Rome had merited
fo highly of the whole Clerical Order, in having
with fo many Labours, Dangers, and the Effufion
of fo much Blood, purchased the lole Difpofitiori
of Benefices, to the total Exciufion of Prince and
People, both which had, in their Turns, been in
Poiieflion of that Right ^ the People firfl, when
Benefices firfl began, and the Princes for a long time
after •, fo the BiJhops held the Pope's Friendihip in
the Efiieem it deferv'd, and fought to make him all
the Returns in their Power : And this encourag'd
the Popes to deal with the Biihops after the Exam-
ple of the Emperors, and to recommend a Clergy-
man now and then to be provided with a fuitable
Benefice.
At firfl thefe forts of Requefls gave great Alarms
to Princes, who plainly faw, by this means, a Gate
open'd to introduce Strangers into the Benefices of
their Dominions : Yet they met with all the Com-
pliance that could be expefted from the Bifhops,
who being big with nothing fo much as the Defign
of excluding the Princes, were not aware, that in
depriving them, any other Power could ftep in be%
twixt themf elves and the Collation of the Benefices.
And yet the Profits which the Court o^ Rome drew
from thefe fort of Recommendations, in the Pre-
fents which were made to obtain them, and from
the Bulls which were made on thefe Occafions, fo
multiply'd thefe Prayers and Recommendations, and
brought them on fo thick, that the Biiliops became
i 4 depriv'd
no Of Egclesiastigajl
depnv'd almoft of all their Collations (i), which
obiig'd them, fometimes, to refule their Com-
pliance.
But the Popes found a Remedy for this too, by
adding Commands to their Requefts, which indeed
0nforc'd Obedience at hrft, but becoming alfb too
treqiient, the Biihops, at laft, loft all Patience, and
without having any Regard to Commands, or the
Cenfiu'cs contain'd in them, or without oblerving
any farther Meafures, beftow'd the Benefices as they
thought moft agreable for their own, and their
Church's Intereft : And then the Pope found it re-
quifite to appear contented, and to pardon them for
that time, as for a thing already done, for which
there was now no Remedy.
But the Channel wiiich this Corruption had found,
would eafily have been ftopp'd, if this Court had
not thought of a firther Expedient ftill, which
was, to accompany thefe Prayers and thele. Com-
mands with fome Perfon who was lent to lee thera
put in Execution, and to confer the Benefice, if the
Bilhop did not, as well as to puniih him for his
Dilbbedience. Yet the Popes came but fiowly to
thefe Extremities, and when the Contumacy of the
Bii}-iop made it neceifary. But in the End, to flior-
tcn the Proceeding, they expedited the Prayer, the
Command, and the Execution of "them, all r^t
once.
(2) They deferv'd it well for
having abandoned the Intereil
of their Princes^ and efpous'd a
forreign I'cwer : The Popes
b:>d humbled the Emperors be-
im-?i in taking from them the
Right of Inveftitures, and it
was but reafonable that the B^-
Ihops, who had Join'd with the
Popes in it, Ihould have their
Turp in being mortif/^d, -
This
Benefices and Revenues iii
This gave the Church and the Bilhops an iin-
ipeakeable Vexation (3) ^ and the Princes and Na-
tions where thefe things were aded, complain'd
loudly, not only that their Rights were taken away,
but that the Benefices, which by long Prefcription
had been given only to Natives of the Country, by
this Means fell all into the Hands of Strangers (a),
who refided at the Court of Rome. Which had
often this Confequence, that Bifiiops and Parifh-
Priefts were made, who underftood not the Lan,.
guage of their Auditors, and which they were very
unapt to learn, being fo different from their own ;
many Italians^ for inilance, being benefic'd in Eng-
land,
At length the Evil grew fo notorious, that the
Pope was oblig'd to take Notice of it, and to forbid
(3) They complain'd (faith
Me^eray in the Life of Phil. Au-
^liftus) that the Popes depriv'd
them of a great part of their
Authority, which belong'd to
them as SuccelTors to the Apo-
iftles, by taking to their own
Tribunal the Knowledge of all
Caufes, leaving almoft nothing
to the iirft: Cognizance of the
Bifhops ; by granting Dilpen-
fations of the holy Canons, as
if all ■ Ecclefiaftical Dilcipline
depended meerly on their abi'o-
lute Pleafure : By granting Ex-
emptions to Inferiors, thereby
to draw them from the Obedi-
ence to their Superiors ; and by
their engroiling to themfelves
the greateft part of the Bene-
fices.
{a) Beneficlorum Ecclefiadi-
corum peculia manus ocupant
indignorum, & nonnun<iuam
exterorum & plerumq; dignita-
tes & beneficia notabiliora per-
fonis conferuntur incognitis &
non probatis, quae in iildem be-
neficiis non relident ficq^ vultus
fibicommiffi gregis non agnoi-
cuntj linguam aliquando non
intelligunt : Quinnimo anima-
rum cura neglecla velut mer-
cenarii fo lumodb temporalia lu-
cra quserunt. VrcefKu Vragma'
Panormus, tho an Italian,
cowplains thus cj the Abufi,
ElTet, faith he^ valde honeftum
& fruftuoiiim, ut quiiq-, in pa-
tria fua beneficiaretur, ut iic
unus non occuparetu beneiicia
vel ftipendia alterius, nee dare-
tur materia depauperandi bene-
ficia , ic quia inducuntur faci-
lius ad relidentiam tales indl-
genge quam Extranei. Chapt. ad
Dsccremi ds Inftitutioti,
any
12'2 Of ECCLESIASTICAX
any one to poiTefs a Benefice, and efpecially a Pa-
rifix-Priefl:, w^o underftood not the Language of the
Country : But then referving to themfelves that
Invakiable Power of Diipenfation, their Prohibiti-
ons had no other EfFeft, than inilead of curing thefe
Dilbrders, to raife the Prices of committing them,
to. the manifefi: Profit of the Court of Rome ^ which
was always ready to grant Expeclatives or Rever-
fions to Eorreigners and Strangers, and after that a
Brief of Diipenfation.
But whatever Scandal this Exorbitancy of Power
ill the Court gave to good Men, it was, however,
very agreeable to many of the Clergy, and others.
Suiters and Candidates for Benefices, who lay fet-
ter'd under Ibme Canonical Impediments, which
made them incapable. No Bifhop durll prefer Men
under thefe Ibrt of Marks, with-held by a jufl P.e-
Ipe^t for the Canons : But what was too fcandalous
for Bifhops, the Pope took upon him without any
Scruple, by Virtue of that difpenfing Power, which
could admit of no Stain, which he apply'd to the
diifolving all the Canons and Ecclefiaftical Confti-
tutions by a certain Formula, De Tlenitudine Pote-
fiatisy and the Claufe Non ohfiantibus ^ Phrales un-
known and unheard of in fo many foregoing Ages,
but which are now the Stile of every beneficiary
Bull. Kay, on the Contrary, Popes in the beft
Times, and in tliQ ftri^ler Ages of Piety, valu'd
themfelves on a flrider Obfervatton of the Canons,
which related to thQ Diflribution of Benefices in the
Diocels o^ Rome^ than any other Biihop's. And we
find St. Leo and his SuccefTors placed one of their
chiefeft Glories in the punftual Execution of the Ca-
nons, firft as to their own Parts, and then in exa£l:ing
it from others. Kor let it be anlvver'd, that thefe had
lefs Authority ; fiire we are, they had a larger Share
of Vertue 'd.n6. Wifdom, which made them Cowards
ia
^Benefices ^nd Revenues: la^
in every A^ion that was not allowable to others :
Whereas, lince thole Days, every thing leems pri-
vileg'd at Romey which no Body dar'd to do any
where elie.
St. Bernardj who liv'd about the Time when thefe
Kovelties were introduc'd, tho' they had not then
prevail'd fo far as they have done iince, reproves
them iharply : Writing to Eugene III. he laments
that Rome was the common Rendevoiize for the
Ambitious Man, the Covetous, the Sacrilegious,
the Adulterer, and the Inceftuous, who all relbrted
thither in Purfiiit of Benefices (b)^ and where they
met with a Reception, they could have no where
elle ; no place, but Rome alone, putting a Sandion
upon Things illicite and illegal, and which had al-
ways been fo reputed, giving them a Paflport
through the World.
The Popes themfelves could not deny the Grie-
vance, which the granting ExpeOratives was to the
Churches : Gregory IX. Gzp. Adandatum de Refcrift,
openly avows it, and on this Occafion therefore,
he qualify'd thcfe Expe£tatives, by inferting this
Claufe, viz,. If we have not already writ for another (c)
{b) Nee mihi opponas nunc
Apoftoll vocem qua ait, cum
eileni liber, ex omnibus omnium
fervum me feci : Longe eft iftud
a te, nunquid hac ille fervitute
hominibus inierviebat in acqui-
litione turpis queftus? Nun-
quid ad eum de toto orbe con-
iluebant ambitiofi, avari, fniio-
niaci, lacrilegi, concublnarii,
inceftuofi, & quaeq; iftiufmodi
jnonftra hominum, ut iplius
i^poftolica authoritate vel ob-'
tinerent honores Eccleflafticos
vel retinerent ? Ergo fervum te
fecit bomo, cui viyere Chriftus
erat 6: mori lucrum, ut plures
lucri faceret Chrifto, non ut
lucra augeret avaritiae. Cap, 4.
lib. I. Ccnfider, a Eugenlum,
(c) Mandatum Apoftolicum
ad te direftum ut magiftrum S.
f^iceres in Canonicum recipi, ^
in rratrem Novieni". Ecclelise;
fi pro alio ibidem non icripli-^
mus, qui hujufmodi gratiam
proiequatur, alio jam beniffici-
um per noftras literas obtinente,
proieaiu non teneris, nam/^per
recep^^rsne duorum, gn /andx
Ecdeiiam non fuicinteniiio man-
d>tp,ns. JD€crst, lib* i. tit, 3.
which
124. Of Ecclesiastical
which was a way of fixing a Cuftome as a Right,
that every Pope might grant one Expedative in
every Church, and no more.
And fince that, they have brought it into a Cu-
fiom alio, at their Entrance into the Popedom, to
revoke tlie ExpeOratives granted by their PredeceP
lors, either to make Room for their own, or to
oblige thofe who had them before, to purchale them
over again. And ibmetimes alio they revok'd thole
which themfelves had granted, to oblige the Gran-
tees to the Expence of new Bulls to confirm their
Jitle.
As for eledive Benefices, fiich as Biihopricks and
Abbies, there they granted no Expeftatives in thofe
Cafes, there being no Examples or Precedents of
Princes having ever granted any. But the Court of
Rome found out other Expedients to draw to them-
felves the Collations of thefe Prelatures, in prefcrib-
ing many Conditions which were to be obferv'd be-
fore Eleftion, and others during the EIe<^ion itfelf ;
befides divers Qiialifications required in the Perfbn
'elet1:ed himfelf ^ : And if th^ Electors fail'd in any
of thefe Conditions, they were for that Time de-
priv'd of the Right of Eleftion, and fo it lapfed to
th^ See of Rome.
And then as Difficulties would often arife concer?
ning the Validity of Elections, from the Variety of
Interefts in the Eledors, or from other Caufes,
one of the Parties would appeal to Rome^ and fb
Occafion would very often be taken to judge them
both in the wrong : The Eleftion being thus vaca-
ted, was another Means of making the Collation
* Vide Gzp. 25. ex de elei^i- j
one ^ elcAi Poteflate,
of
Benefices and Kevenucs. 115
of the Biihoprick or Abby, lapfe alfo to this
Court (d).
Laftly, when the Pope underflood there was a
good Biihoprick or Abby vacant, he immediately
diipatch'd an Injunftion not to proceed to Eleftion
without his Knowledge ^ and fo under the fpecious
Care of preventing or remedying any Dilbrders that
might happen, he lent Ibme Man of Addrefs to af-
iiil and prelide at the Eleftion, who, by divers Arts
and Cabals, procured it to fall upon him, whom the
Court of Rome thought moll in their Interefts.
i^d) Yix enim remanfit ali-
quis Epifcopatus, five dignitas
JEccJeflaftica, vel etiam Taro-
chialis Ecclefia quae non £eret
litigiofa & Romam deduceretur
ipfa caufa. Sed non manu& vacua
laetare (uperiniquitatem filiorum
hominum, quoniam in recom-
penfationem tantorum malorum
datur, tibi pretium. Abbas
Urfpergenfis in Pbilippo,
The new Law or Do<arine
(faith Mexiray, in the Life of
JPhiltp Augujtus) having perver-
ted all the ancient Canonsj and
reduced all Eleftions to the
Tricks and Subtleties of the
Law, as there often happen'd
Contefts, what with Intrigues
among the Eleftors, and Diftl-
culties darted upon the Judge-
ment of the Metropolitan, one
of the two Parties never fail'd
to appeal to Ronje ; which was^
an inextricable Labyrinth of
Proceedings: And for want of
fcane Form in the Eledion, the
Pope declar'd it null, and re-
ferv'd to himfelf the Right of
providing for the Biihoprick.
CHAP.
126 of EcCLESIASTICAlJ
CHAP. XXXL
THUS by the foregoing Accounts it appears^
that few Eledions to Biihopricks or Abbies
were made, which fell not under Gonfideration at
Eomcy ib that the Pope came to intermeddle, almoft
in all Eledions, after they were over, under the
Mask of an honell Concern for the Publick Intereft,
and in that the Eledors oftentimes fail'd in fome
Points of their Duty ^ it leem'd a favourable Opor-
tunity to afford his Afliflance in Elections, even
before-hand ; commanding, when he law Caufe,
either that the Electors fhould not go to Election
till they had his Leave, or not to eleft without the
Concurrence of iome Perlbns lent by him, to attend
it j lb that by diverfe Contrivances they ftill aiTum'd
Ibme Share in the Eleftions.
And yet thele Methods which were differently
put in Practice, according to the Exigency of the
Cafe, had not the Force of a Law, but rather of
Cuftom and Decency,, until the Year 1227, when
Gregory IX. following the Examples of Theodopus and
"Juftinian *, the former having form'd the Conllitution
of the Empire, by eoUefting his own Ordinances,
and thole of his Predeceffors into one Volum, which
was afterwards calPd the Theodofmn Code ^ the latter
having accommodated likewile the ancient Laws to
the Ulage of his Times, and reduced into one Body
the Decrees of his PredecelTors, under the Name of
the "Jufiinian Code ^ after their manner form'd a
Policy or Conllitution of his own, colleding into
one Body all the Decilions, and all the Caufes which
ferv'd to advance the Papal Power ^ and extending
that to general Ufage, which had been lettled in one
particular Place, and perhaps in one Cale only, and
abolilhing and deltroying all the reft, which made
againft it. This
Benefices and Revemtes. lay
This Book was call'd. The Decretals of Gre-
gory IX. W, who thereby laid the cleepeft Founda-
tion of the Papal Monarchy, eipecially in what
concerns Benefices : But it mult be allow'd, that this
Book is much more edifying in the skilful managing
of a Law-luit, than in the Salvation of Souls.
Gmtim, as well as the other old Colledors of the
Canons, made a Colledion of all he tiiought might
moll contribute to the aggrandizing the Papal Au-
thority, even to the changing, vitiating, and even
falfifying the Places from whence he drew the De-
cifions (i) : By which Means he thought he had
done his utmofl to wind up this Power to the
higheft Pitch it could poifibly bear : And according
to'the State of thole Times, he was not miilaken ^
but a Change of Circumftances in Aifairs, made
this Compilation no longer lealbnable : And io to
this Decree or Decretum (i) of Cratian^ which was
{a) It was compird by his
Tenitentiary Ray mend de Pena-
fcrt, a Dominican^ whence it
came to be call'd alio. The Com-
pilation of Ka.ymond : It is alio
caird Extra, becau(e it is fepa-
rated from the Decree compil'd
by Gratian ; and alio, the Pen-
tateugh, becaufe it contains iive
Books> diftinguifh'd in this
Diflickj Jndexy '^udiclum^ Ck'
rusi Sponfalia, Crimen,
Hac tibi defignanty quid, qu(Sq\
volumina [ignant*
It began to be in ufe in the
Y«ar 123 1. Gregcr^ IX. was
Nephew to Imiocent IK. and
both of the nobie Houie of
Cffntf, at this Day one o^ the
four, who have the Title of
Roman BarOns.
(i) A J>-ewr/6 Lawyer faith,
that the Decretum and the De-
cretals ^ funt Omtyilatums ac
Fanagines turn b(nar.um turn
pravarum rerum hiccndite ^ irri'
perite ceercervatDe. • Gentillet. ex
Concil. Trid. lib. 5.
(2) \\'hich was approved and
publiili'd by Pcpe Eugene iil.
in ii-ji, and according to fome
Authorities only under the
Pontificate of Akxand:r lii.
Gratianum CcmpilataemJDecreti
Akxandrilll. Identifiers timpc
ribus quidam afcribunt, laith
PJatma n the Life o\ Inncc. ilL
to whom others attribute the
i ublication or the Decree ; as
PUt'ma alio cbfervei in the lame
Place.'
caira
ii8 Of Ecclesiastical
cail'd after him, liicceeded the Decretals ; but nei-
ther of which in Procefs of Time grew to figftify
much : The Popes, as they grew in Authority,
eftablifhing ilili new Orders and Regulations ^ fo
that neither the Decretumy the Decretal, nor the
Sextus (3), were any longer of ule as to Benefices,
but other Rules and Methods came in Requefl, as
will appear hereafter*
(3) It is a Book ib caird, be- j publifh'd by Boniface III. in
caule it is a Supplement to the 1298. from whence it is calfd,
iive Books of Decretals, It was 1 Ccdex Bomj'acianuu
CHAP. XXXIl.
TH E large Opportunities which the Court of
Rome had in their Hands of obliging, by the
Diipolal of lb many Benefices, drew neceitarily thi-
ther a Concourfe of the Clergy of all Ibrts. Thofe
who had no Benefices, in order to obtain them ;
and thofe who had already, to get them chang'd
for better : Which was another Realon added to the
former, why fo many Refidentiaries refided not
upon the Place. And the Court not being any
longer able to pretend Ignorance of fb loud and ge-
neral a Complaint which every Diocefs made. That
the Churches were abandoned, and left without
Government ^ and of which they laid the Blame in
the right Place, a Relbluticn was taken to apply
fome Remedy.
But the Popes of that Age thought it not ad-
vileable to proceed by Puniihment, as had been
heretofore pradis'd ^ whether it were that the Guilt
was grown too general, or that the Court of Rome
muft
Benefices and Revenues, li^
muft have been deierted by fo Icvere a Remedy, as
that of fending fo much Company out of Eome :
To which another Conlequence might be added,
that People would generally have cholen rather to
have made their Court to their .own Biitiop for
Benefices, than to lay out their Money at RomCy
in Expedtatives or Reverfions. An Expedient was
therefore found, to make a Law to enjoin Refidence
to fiich certain Beneficiaries [who were under fo
imlucky a Planet] as to have little Intereft at Court :
And fo thefe Hood dondemn'd to ftay at home,
without making any mention of the reft (i), .who
therefore fell not within this Rule. Thus in the
Year 1179, Alexander lU. ordered Refidence to all
Beneficiaries that had Cures of Souls "^ ^ to whoin
afterwards were added and taken into the Number,
all who had Dignity, Adminiftration, or Candnr^,
As for other inferior Beneficiaries, it was nevet
^fiiirm'd that they were not oblig'd to Refidence,
but neither was it commanded them, and lb by De-i
grees they began to think it not incumbent on them.
Hence grew the Difi:in£lion betwixt Benefices that
oblige to Refidence, and others call'd fimple Bene-
fices, which oblige to none. Afterwards the Do£i:-*
ors declar'd, that in Stri^Vnels, and of Right, alt
Benefices oblige to Refidence ; as indeed they can-
Hot lay otherways, v/ithout giving the Lye to all
Antiquity ^ but that lon^ Cuftom only hath excep-
ted fimple Benefices,
According to the Signification of that comrhoil
Maxim, Be?2eficium d at ur propter Ojjiciumy fimple Be-^
(i) Silence in this Cafe, faith
Fra, Pdoio, they heliev'd exemp-
ted them from Refidence; and
the Popes were \villifig it fliould
be 1*0 underftoodj in the Hopes
that the vohmtary Ignorance of
thefe Eeneficiarie? fliouId turn
to their temporal Greatnefs,
lih, 2. Hijh. (j'Ccuhc. cf Trent*
* Vide cap. 4, ^ 6. Extra
de Clericis' non refidectil/as.
[^ nofice*.
I^O Of ECCLESI ASTICA L
nefices niufl feem an ulelefs Station in the Church ^
fince thofe who were abfolv'd from Refidence, fcem
to have no Bufinefs left. But here they have been
forc'd to take in Aid, a nieer Equivocation : For the
Hora, CanonicaleSy which before were celebrated in
the Church by all the Congregation, and which
fbme Perfons afterwards took the Liberty to per-
form privately, began about the Year 8-0 to be
ca^rd Officium Bhinum (a). And this Office or Ser-
vice being by all Believers performed either in Pub-
lick or private, they faved the Appearances of this
Proportion, Beneficinm datur propter Officium ^ as if
repeating Divine-Service were all that were under-
ftood by it ^ when in Truth, lerving the Faithful,
in refiding at the Churches, and exercifmg the Mi-
niftry in all Chriftian Offices, as was done of old,
is in Truth that Officium y for which the Benefictum
is intended (2).
The
{a) Presbyter mane matuti-j
nali officio expleto, penlum
fervitutis fuse canendo, primam,
tertiam, fextam^ nonamq; per-
folvat, ita tanien ut poftea ho-
ris competentibus juxta pofllbi-
litatem, aut a le, aut a icolari-
bus, publice compleantur.
Thele are the Words o? Regi-
non. Author of the icth Age,
chap. 208. lib, I . of his Col-
leftion. As for the Office of
the holy Virgin, Gaufridus
Vefienfis faith, they were not
ordered till the Year 1095.
Anno J)om, 1095, Urbanus
Papa in Gallias veniens, Gre-
goriiPapac decreta renovat, &
confirmat Claromonte in
Arvernia Concilum celebrate
menfe Novembri hoc anno fe*
quenti, in quo ftatutum eft, ut
horae b-atae Marise quotidie di-
cantur, officiumq; ejus diebus
Sabbati fiat. In Chrcnicoy cap, 27.
(2) In the primitive Times,
faith Fra, Faddy the Ecclefia-
ftical Degrees were not Digni-
ties nor Honours, as they have
been for fome Ages, but Char-
ges and Miniftries, which St.
Faul calls Labours and Funfti-
ons, and Jefus calls Labourers,
fOpus fac Evangel ift3£, mini-
fterium tuum imple, 2 Tim, 4.
Siquis Epifcopatum defiderat,
bonum opus deiiderat, 1 T/w. 3.
Meilis quidem multa^ operarii
quidem multi, Matth, 9. £5"
Luh 10.] So .that in thole
Days
Benefices and 'Revenues, j^i
The Confciences of many Beneficiaries being thus
fecured from any Scruple, in abienting from their
Churches, it was alio thought necelfary to find an
Expedient, even for Ibme of thole Beneficiaries
who were oblig'd to Refidence, to flay at Rome^
when their was Occalion, without breaking the
Laws.
Days none could have the
Thought of abienting; and if
any one did, he could neither
keep the Title nor the Profits.
Eefides, none took an Em-
ployment which hinder'd the
Funftions of his Minifl:!'}' —
And h is only llnce the Year
700, that they began to appro-
priate the Title and Profits o\
a Cure, upon occafion of the
Changes which happen'd in the
Weftern Churches, where Ec-
clefiaftical Minifteries degene-
rated into Dignities, Plonours,
and even into Rewards for Ser-
vices. And whereas before,
they called none to theMiniftry,
but iiich as were proper to of-
ficiate, it became afterwards a
Cuflom to give the Dignities
of the Church according to the
equality of the Perlbn : Whence
came the Abufe of doing the
Duty by a Deputy: and that
produced another Abufe, which
v/as to think one's ielf difpenfed
with, not only from officiating
in Perfon, but even from being
prefent, and to rely on his Sub-
iHtute, And the Diftemper
had grown lb great, as to have
endanger'd the very Clerical
Order being deflroy'd, if the
Popes had not commanded the
Bilhops and Curates, tho* they
afted by Deputies, to refide
upon the Place, which is call'd
Refidence; to which the Ca-
nons were alfo oblig'd, with-
out fpeaking of any other Be-
neficiaries : From thence came
the deteflable Diflinftion of Be-
nefices of Refidence and Non-
refidence \ which is authoriz'd
both by the Doftrine maintain'd
and the Pradice. And yet
there cannot be a more manifeft
Abfurdity, than to have a Ti-
tle and a Salary, without be-
ing oblig'd to do any thing for
it.
But to palliate this, the Ca-
nonifts have laid. That the
axiom Bznepcium datur prcpter
OJficzum, which condemns Non-
refidence, fignifies only. That
the Benefice is given for fa) ing
Divine Service only; fo that
when the Church yields a Re-
venue of ten thouiand Crowns
and more, 'tis only that the Be-
neficiary may lay the Breviary^
very low, without thinking ot
any thing, more than running
over the Words. Hifl* Counc of
Trent. Vtbi2, .
K a
Fof
i^a Of Ecclesiastical
For this End Honor iu$ III. about the Year liio.
declar'd, that whoever was in the Pope's Service,
fliould not be oblig'd to relide (3) : So then there
w^anted but one Expedient more, by which all thofe
who had rich Benefices, with a Cure of Souls,
might be fet at Liberty, and exempted from Refi*
dence. Neither did this Expedient fail likewife,
for it being an ordinary Practice for a Curate, when
he had a lawful Impediment, to appoint a Vicar
to ferve in his Room, allowing him a competent
Stipend -^ it was thence determin'd, that with the
Pope's Authority the Curate might creat a perpe-
tual Vicar (i), lettling a realonable Allowance upon
him •, and oblige him to Refidence, tho' the Curate
remained uncorifin'd, and retained the ht^ part of
the hicome to himlelf : So that, by this Means, in
Effect, his Share became a limple Benefice \ and the
Vicar's Share became a Proviiion for the Curate.
And as giving a Benefice for any other Confide-*
ration tlian for th^ Sake of the Office, (by which
was underftood officiating in Perfbn) was unknown
to the ancient Church, lb two Offices were never
aflign'd to one Man \ both becaule of the Impofli-
bility of performing them in two Places, and that
(5) Mandamus quatenus non
ohftante conftitutione quae con-
tra abientes Canonlcos inter vos
i'b^ /peaks of the Chapter oJ"M.et7.)
dicitur emanafTe, fru(5las prae-
hendae fuas aflignelis Mag. Ot-
toni, in noftro lervitio contino-
ranti ; cum familiares noftri qui
circa nos (e obfequialesexhibent
nniverfl, minori non debeant
praerogativa gaudere, quam ve-
ftruni finguli, quorum negotla ^^
par I'e iplos faepius promoven- fm^ham^ pag* 275«.
tur.
(i) It appears by feveral
Paflages in the Hiftory of 7lf<:^^
Parii, that Vicarages became"
in ufe throughout ^;?^/^»^ Tome-
time before the Council of Xtf-
terariy under Alexander III.
And for that Reafon, the £rft
three Chapter Extra de Officio
Vicarli, are addrefs'd to the
Bifliops of £«^/aw^. 5ee Mr.
Pitbcn-, ad cap, I. extra AeOj-
jfcio Vicariiy and Tbcw'as Wal-*
Benefices and Revenues. 135
the performing one well, was always reputed by
thele HoJy-mcn a Task lufficient : Befides that there
are - many Canons wliich refer to ancient Statutes,
by which a Clerk cannot be ordain'd to two Titles,
rior Icrve in two Ciiurches (^).
{d) Et in illo titulo p-"rieve-
jrent, ad quam conrecrati funt,
ita ut nullum de alterius titulo
presbyterum aut diaconum fuf-
qipere prsefumat Cone. Calchu-
tenfe, an, 787. cap. 6, One,
Renenfe, an. 813. cap. 20. Cone,
Metenfe, an, 888. Can, 3. Ca-
non, 2, § I. diflM.jo. ex con-
cHio Urban'i II. hablto Tlaeentlcey
an, 1095. ^ Can, i. Cauf, 21,
^. I. ex "] ma Synod, cap, 15.
an,'j%'}. Even among the Hea-
tbensy the Pr'tefts roere obligd
to Refidence, Quofdam exilia,
faith Seneca, quofdam Ibcerdo-
tio uno loco tenent de tranquili-
tate vitae. Yifus eil iibi quis,
faith another Pagan, ad firma-
mentuni templi Neptuni catena
alligatus eile ; fadus eft facer-
dos Neptuni ; oportebat enim
ipium infeparabilem efle facer-
dotem. Arte mi dor, lib, 5. de
fomniorum event i bus, Somnio i.
Vide Ulpiartum in leg, 2. ff. de
in jus vccahdo, ^ leg. pen, ff. de
vaeat, ^ exeufat. muner.
CHAP. XXXllI.
IN the Times when the Diftin£lion began be-
twixt Benefices which obiig'd to Refidence, and
the other call'd iimple Benefices, which oblig'd to
none, another Doctrine was fet on Foot, That of
llich Benefices as did not oblige to officiate in Per-
foq, it was lawful to iiold more tlian one^: Whence
arofe the Dillinftion of Benefices, compatible and
incompatible. Thole which oblige to Relidence,
are certainly incompatable with one another, feeing
a Man cannot divide Iiimfelf into two Places 1 \;>ut
* V
extra de
ide caput dudum «)4. 1 & Garciam dc Benef. parte un-
? eledione 6: ibi c(\ok. ' decima, cap. < § 2, ^ 3.
., cap.'y ^2,03.
K 3 iimple
134- Of Ecclesiastical
jfimple Benefices, feeing they require not perfbnal
Service, are compatable and confiftent with one
another, and with other Benefices too.
At firft they proceeded on tnis Head with mnch
Caution, contenting themfelves v^ith faying, that in
cafe a Benefice were not fufficient to maintain the
Incumbent, he might have another which was com-
patible ^ but they never had the Hardinefs to carry
it fo far as to a third, or even to two Benefices, if
the fifft w^ere fufficient.
The Biihop's Authority never went farther than
this, but as tor the Pope, it was allowed he might
conier more than two Benefices on the fiime Perfon,
when the tv/o w-ere not fufiicient to maintain him(i).
But then this Sufficiency or Competency, was car-
ved out by the Canonifts with io liberal a Hand ^,
"lerk could not
Sy nor confe-
(0 The Author gives this
Account of the Original of
Plura'Ity of Benefices, hi Jib, 2.
Ccwjc. of Trent. Seeing, faith
he, the ancient Canons were
ftill in Force, af
have two Title
cjuently two Eenefic-s. But
the Revenues happening to be
diminiHi'd, either by Calamities
of \^'^r or Inundations, they
gave the Benefice to fome CJerk
who had on ^ already, provided
he could oiRciate them both.
Which wMs pratftis'd after, not
in Favour of the Incumbent,
but of the Church, where its
own Revenue would not main-
tain a particular I^iiniHrto its
ielf, that it might not want
Divine-Service. Eut under co-
lour that one Benefice afforded
not a fufficient Subfiftence, and
pone would undertake it, they
found the way of giving feveral
Benefices to one Man, tho' it
were not neceflary for the Ser-
vice of the Churches: And lb,
by little and little, thc)^ took
off the Mask, by doing that in
:- a vour of the Incumbent, which
at firll was done in Confiderati-
on of the Church only. And
feeing the World w'as fcanda-
liz'd at this Novelty, the befl
Colour was given -to it, that
could be, by adding to the di«
ftindion already made of Bene-
fices of Refidence and Non-re-
lidence, another of Benefices
compatible and incompatible.
By incompatible with one ano-
ther, they underftood Benefices
of Relidence, and by Compa-
tible, thofe of Non-refidence ;
which may be held with one
another, and wdth othtr-Eene-
ficcs too.
* GloiraadCan..Clericus,i.
Cauf. 21. cj. I.
that
■ Benefices and Revenues. 1^5
that the Keceflities of Life were very large -^ which,
lay they, as to fimple Priefts, include whatever is
neceifary, not only for the Maintenance of their
own Perlons, but aI(o of their Families, their Re-
lations, three Servants and a Horfe ^ as alfo for
Hoipitality and entertaining Strangers (2). Then if
the Beneficiary be a Gentleman, or a Man of Lear-
ning (a)y they allow him over and above this, all
that is proper for his Qiiality. And what they fay
of a Biihop's Allowance is amazing (3J : As for
Cardinals, nothing can be lurprizing that is faid
of them, when one coniiders the Stile of the Court
of Rome J Reglhus £quifarantur (j^.
(2) If this were ib, there
would be at this Day more
Prielb than Laicks \ and Prin-
ces would be no more than the
Portmanteau's ofthe Popes. But
all the Canonifts are not of this
Mind. Vide Gome^ de Exped,
2V«w. T07. Batfi'm. Paris de
r€fign. benef, lib, 5. q.6. Num,
131. A{or,p.^. Jib. 6, cap. 10.
^.85 CJ9. Menjcb. de Arbitrar,
lib. 2. cafu2\6, Navar, Mi feel-
Ian, 62, de Orat. CS" Gloff ad
cap, 5. extra de peculio Ckricc-
rum,
(a) Vide caput de multa 28.
in line, extra de Prsebendis.
(3) It is more furprizing, to
fee the fmall Regard the Court
of Rome hath for the Italian Ei-
Ihops ofthe Ecelefiaftical State,
who not onl)- keep (landing be-
fore Cardinals, but think it no
Difhonour to lerve them at the
Table : \^ ith which the Bilhop
of five Churches reproacheth
the Bifhop ot Rleti in full Con-
gregation, f ir^. Paolo, lib, 6.
Htji. Cone, of Trent.] Befides
that, their Billiopricks are To
loaded with Penfions, that they
would think themfelves very
happ)-, if the Popes would af-
fign them a 1 ufticient Livelihood
and make that the Rule, as the
Canonifts do to fimple Prielb.
* Vide Nicol. de Clemangls
de corrupto Ecclefix ftatu, cap,
1 1. & Pet. de Aliaco de reform,
capitis, feu ftatus Papalis, ^c
Tux Rom. Curiae & Cardina-
lium.
(4) Whence they conclude,
faith he, ibid. That no Revenue
is too great for them, that is
not iuperabounding for Kings
themfelves. And 'tis for this
Realbn, that Popes have gran-
ted them the Privilege of ha-
ving Os apertum ad omnia bene-
ficia, vi^, of being capable of
holding all Sorts ot' Benefices,
either Secular or Regular.
K4
But
J^6 Of ECGLESIASTICA J-
But indeed there is nothing in all this, that ex-
ceeds the ordinary Terms of fpcaking on this Sub-
ject, feeing it is the Tenent of every Canonill,
thai the Pope can grant Dilpenfations for the hold-
ing as maay Benefices as he pleafeth : And in EffeO:,
Diipenfations were grown to Hich a Height, that
John XXII. (5) revoked them all, reflraining the
Dilpenlationsto tv;o Benefices only (;d). But then
his Referving to himfelf theDiipofd of all the other
Benefices J as fli^jU be fliewn when we come to Ipeak
of Refervations -^j gave ground for the Belief, that
he made that Order for his own Profit, and not for
the Sake of reforming the Abufe : Efpecially con-
fide ring withal the Ghara£ler of this Pope, who
had a particular Talent in all the liibtil Ways of
improving his Revenues. And the Event made it
good, for the Church relapfed into the fame Diflem-^
per of Pluralities, more fatal, and with more Vio-
lence thail ever ^ which we lee continued to this
Day, in the Praclice'of Dilpenfations, with iiich a
Loole to AvaricCj as. exceeds all Bounds. ■ ^•
All the Canonifls and Cafiiifts agree, that Dif-
penllitions ought to be granted only for lawful'
Caufes, and tjiat the Pope fins who grants them for
any other : But they have not decided, whether he
T-
(<)) Jawes Dojfa^ of the Dio- 1 effrenatum talium beneficiorum
eel's o!" Cabers in France-, Son of niultltudinem reiVenemus. Sta-
a poor Cobier. tuinius itaq; quod pbtinentes
• (^) Nos omnes & fingulas pluralitatem hujulmodi beneli-
dilpenfationes Tuper receptione^ cioruni -— urium tantum ex be-
aut retentione plurium di^nita- neficiisquibuscuraimminetani-
tum^ aut beneficiorum, clJ'r-. qui- marumcum beneficio fine cura
bus cura animarum fit annexa quod habere maiuerint polient:
— --cuicunq; perfonne concellas,' licite retinere Extravagant tit,
rCardina'ibus tamen exceptis)' de pr^vbendis cap.execrabiliL
duximus taliter moderandas, I * See the Article 37, and
«iuod per modcnin-n nollrum* theNote 3,
'I \ ■ W^IO
Benefices and Revenues. 15^
who makes ule of Hich Grant, as is made without
lawful Cauie, Hands acquitted from all Guilt ^.
Some fay, the Difpenlation is good before G O Q
and Men ^ others, that is ferves to avoid the Pe-
nalties of the Canon-Lx^ws, but that in Confcience,
and before G O D, it is of no Validity : And to this
Opinion, the greater Number of the beft and molt
devout People adhere (Z^). But the other is more
agreeable
* Vide GlofTjim ad cap. pro-
pofuit 4. extra deconceir. prae-
bendx. verb. I'upra jus.
(b) D. Bernard Ep. 7. ad
Adum Monachum, Nunquid
ideo, faitb be, aut malum elfe
defiit, aut minora turn ed,
quia Papa concelfit ? quis vero
malum cffe negent, airenluhi
j^raebere malo? /dem lib' 3.
de Confiderat, cap, 4, ^ ep. 2yi,
ad Theobald, Ccm, Compan'ice,
Langius in Chrontco Citi\tn[ii
anno 1044. CS" Rebuff, in praxi
benef, tit, de difpenf. Num. 57.
A Biihop giving his Opinion in
the Council of Trent, upon Dif-
penlations, faid. That the
Council ought to declare, that
there ought to be a lawful
Cauie of Dilpenfcition, and that
who grants it otherwiff, fins,
and cannot be ablblv'd without
revoking it : And that he who
accepts, and makes ufe of the
Dirpenlation, fo far from being
f .ultlefs, lives in continual Sin
ixt> long as he makes ufe of it.
To which others replied. That
in Truth, he who grants it with-
out lawful Caufe, fins_, but that
however^ the Difpenlation
holds gpod, fo that the Con-
Icience of him that obtains it,
is untoUch'd, tho' he knows
that the . Caufe is not lawful,
Bd. Vaclb Ub,2, Hifl, Cone, Trent,
A Dominican, one Hadrian
Valentine, had the Courage to
uy. That the Pope being above
all human Laws, had full Power
to difpenle with them, and that
even tho' he fhould grant a Dil-
penfation w^ithout Caufe, it
ought ftill to be deem'd valid :
And that he can alio difpenfe
with Divine L.aws, provided
there were a lawful Caufe. He
afterwards adds. That tho' Dif-
penfation of a Divine Law,
granted without good Caufe,
were not valid, yet whatever
the Dilpenlation were, every
one ought to captivate his Un-
derftanding, and' believe that
there were a lawful Caufe.
In the lame Hiftory, lib, 7.
^obn de I^erdm, a French Bene-
ditline, is quite of a diiFerent
Opinion, Human Laws, faith
he, are lubjcd to Difpenfation,
becaule or the Imperfection of
the Legillator, who cannot fore-
fee all the particular Cafes which
may call for an Exception : But
where God is the Legillator.»
• .. the
1 5 S Of Ecclesiastical
agreeable to theCourf o'l Romey who love not to have
tiie Law given them, or that any Rules fnoiild be
prelcrib'd to the Papal Authority, eipecially m the
Matter of Benefices. For lome among them hold, tho'
warmly oppoled by others of the fame Pro feflion,
That the Pope may grant Dilpenlations for holding
leveral Benefices with Cure of Souls ^. Yet the
Court of Rome hath not taken much Advantage of
this Doftrine, feeing it hath found out other ways
of giving feveral Benefices under on^ Name, and hi
fuch Manner, that they Ihould look like one Bene-
fice. One of thefe ways is the Union, the other
the Commendam *, both ti>e Produft of the Times v/e
have above-mention Vi, and of which it is now pro*
p:^r to treat.
the I.aw is without Fiult, he-
caufc nothing can h^ hid from
his Knowledge.
it is not therefore, that he
who dilpenfeth, can ever dil-
engage him wlio is obliged-,
!ior make him remain obliged,
who isdeny'da Dilpenlation ii'
he deferves one. It is a popu-
lar Error to believe that i>if
penfations is a Tavour, ieeing it
is an A(ft o^ diitributive juiHce
as much as any : And he fins,
who grants it not to thoie to
whom it is due. The Church
is not a Servant, nor is the Pope
its Mafter: It is the Pope's
Part, who is only Servant ot'
him who has fet him over the
Chriftian Family, to give to
every ohZ what is due to him.
QuQm
conftHult Dominus fupra
jam'iliam fuam^ ut dzt Hits in _
tempore triticl jy^enfuran?, Lucx
12. Difpcnfation is nothing,
but a right Interpretation of the
Law, and confequently the
Pope caunot, by his Dilpenfa-
tions diiengage thoie , who real-
ly are ob ig'd to obierve a Law ;
but he may very well declare to
thole, who are not under any
Obligation to a Law, that they
are n .t oblig'd to obferve it.
Fra. Faolo in the fame Hi-
ftory. Jib, 7 .
I'recomend this lafl: Inftrufti-
on as delei ving to ht deeply en-
graven in the Hearts of all Chri-
ftians,
'^ Sfiii Garcia, dc Benef.
parte II. cap. 5. mim.^^J*
C H A P.
Benefices and Rettenues. 15^
CHAP. XXXIV
IT was a Practice of great Antiquity, that when
a People by any Calamities, as of War, Plague,
or Inundations, were reduced to fo linall a. Number,
that they could not maintain a Minifter, the Biihop
commitced the Care of them to the neighbouring
Curate ^^ with thQ linall Revenue that was left :
And this was call'd uniting the two Cures. In thz
lame Manner when Cities became depopulated, and
fell to fuch Decay, that they were not able to af-
ford their Biiliop an honourable Maintenance, the
Metropolitan and his Suffragans afiembled in Coun-
cil, added two or more Cities to one Diocefs, and
ib thefe Biihopricks were called united. On the
contrary, when the People in any Place multiplied
fo rail, that one Curate was not luH-icieiit for the
Charge, the Cure was divided : A Method which
continues in ufe to this Day, and a very commend-
able one, both tor the Service of GOD, and tlie
Convenience of the People (a),-
It was afterwards tnought expedient to malvc
Unionr, in favour of fome particular Places of De-
votion ^ and thus divers Benefices became united to
Bifriopricks, Monaflcries, or fbme poor Kofpital.
By which Union, the beneficed Perlbn feems to
* Vide Can. unlverf. cauf.io.
q. 33, ex concil. Tolet, cap, 4.
an. 693.
(a) Et Canonica tradit au-
thoritas, & ntio luggerit natu-
ralis, lit cum necelfitas exigit, • ad Epfcop'um Pavienfem.
vel utilias perlUadet, ut uniis j
Epifcopatus dividatur in plures
& plures conjunganturin unum,
ne cava palloraiis defit alicui>
vel aliquld defit curae paftoris,
Innoc. 3. ep, s^. ^^w. 2. lib, 10.
hold
140 Of Ecclesiastical
hold two Benefices, when in Reality he holds but
pncfi).
But in order to give two Benefices to the fame
Perlbn, which were really incompatible and incon-
lillent to be held together, human Subtilety had
invented the way of uniting the one Benefice to the
other, during the Life of the Incumbent ; fo that by
giving the principal Benefice, the united one was in-
cluded in the Gift, and went along with it for
Company. By which means the Law againft hol-
ding more than one Benefice, is faved in Appea-
rance, but in reallity it is a meer Obfervance of the
Words, and a plain TranfgrefTion of the Senfe :
Which the Lawyers call. Evading the Law (2).
This Invention alfb ferv'd to confer Benefices with
Cures upon Children, or on illiterate Men, and
without any Obligation of taking holy Orders, by
uniting the Benefice with Cure, to a fimple Bene-
fice for Life ^ and then by conferring the fimple
JBcnefice in Title ^ and fo the Beneficiary became in
PojfcfTion of the Cure, and the Letter of the Law
p refer ved.
But the vakrable Power of imiting Benefices for
Life, was re ferv'd to none but the Pope alone ^ nor
could the Bi/hops ever obtain it on any Occalion
whatlbever. Some Civilians call this an Union in
Name, but in Reallity it is a total Diffolution of the
(i) Thefe Unions of Grace
or Favour were forbid by the
Council of Laterally and abro-
gated by the Council of Bafil^,
under the general Title of Re
Sanclimy de Elefncionibus &
quia verbo^exceptis : Et Guim.'
ibidem.
(2} See Garcia" de Benef.
parte 12, cap, 2. de unione.
•Tervations, See the Pragmatid num. 84
'- • Law
Benefices and Revenues 1 4. i
Law (3^ : And for that Rcafbn, hath been prohi4
bited in fome Countries with great Marks of De-
tellation. This Evil reign'd very long in the Court
of Forney but is now worn out, and no longer in any
Force (4.), with many other Artifices and Subtile-
ties (not to call them Cheats) of the fame Nature ;
which are too evident, for Realbns which fPiall be
given, when we come to Ipeak of the Affairs of
our own Times.
(3) Thus the Congregation
of Cardinals and Bilhops ipoke
to Paul III. who had deputed
them in 1537. to try to make
a Reformation in his Court. .
Quid de unionibus beneiicio-
rum ad vitam unius, fay thej/y
ne fcnlicet obftct ilia Ixjneficio-
rum pluralitas ad obtinenda in-
compatibilia, nonne eft mera
fraus legis ?
(4) Since the Council of
Trent, which abolifh'd it in th»
Seffion 7. chap, 7. of the Re-
formation.
C
CHAP. XXXV.
Ommendams were alio of a very ancient and
laudable Inftitution ^ for when an eledive Be-
nefice became vacant, luch as a Biflioprick, Abby,
or Ibme Benefice, that was "Jus-fatronatuSy for which
the Ordinary could not, for lome Realbn, provide
immediately, the Care of it was recommended by
the Superior to fbme Man of Merit *", who jfhould
only take upon him the Dire£lion of it, till the Va-
cancy fliould be filfd w^^^ but who could ciijoy none
of the Profits : And therefore fome excellent Perlbn
was generally pitclid upon, to whom the Undertaj-
* Vide Greg.IIL lib. 1. 1
pp. 75. lib. 2. Ep. 13, &^5^
xmi
m^
142 Of ECCLESIASTICA^L
iing was an Expence, and had nothing to recom-
mend it, but the Trouble which he was to undergo
for the Service of the Church : But he would have
been very improperly laid to hold this Benefice in
Commendam^ and confequently, in Reality, had iiot
two Benefices (a).
However, not to wrangle about Words, it grew to
be a Maxim among the Canoniils, That, a Qlerk
might hold two Benefices; one Ticular, the other
in Commendam ■^. At firft, the Commendam was to
continue only till orher Provifions were made ^
Afterwards it grew to be given for a certain deter-
minate Time, which fometimes prov'd a little with
the longcfl:. This occafion'd the Popes prohibiting
the Biihops to extend it beyond iix Months (^),
tho' he made it no iliile for himlelf. On tl\^ Con-
trary, the Commendams contracted too much of this
Habit, not altogether comnjendable from the Roman
Chancellory ^ tor when the Pope would confer a
Benefice on any one who happen'd to be incapa-
citated, either for want of Age, or becaule the Be-
nefice was regular, and the Perion fecuiar, the Pope
gave it him in C^mmendam^ until he was in a Capa-
cith to take the Title.
{a) Quia Commendatioj
fay the Canoniflsy non facit.Frae-
latum, led Procuratorem, &
qui conimendavit, potefl: re-
vocare, quando vult. Nam
commendare nil aliud eft quam
deponerc. Glcjj* can, ad unum 4.
sauf 21. ^. I.
* Ibidem & cap. Dudum,
extra de eletftion.
(^) Nemo deinceps, fap
Gregor)' X. parKcialem cccleii-
am alicui non conftituto in setate
legitima & facerdotio commen-
dare prsefumat. Neftali etiam
nifi unam, & evidenti neceffi-
tate, vel utilitate ipfius Eccle-
fi^e fuadente. Hujufmodi autem
commendam ut prsemittitur,
rite fadam declaramus ultra
femeftris temporis fpatium non
durare : Statuentes quicquid
(ecus de commendisEcclefiarujn
paraecialium aftum t'uerit, elle
irritumiplbjure. Cd^, nemo 15.
de sk^,infextoah, 1273.
At
Benefices and Revenues. i^:^
At kit, about the Year 1350, the Popes throw-
ing olf all Ibrt of Confiderations, and having got
the other Biihops ty\l clown to thQ Term of fix
Months, gave a Loole at once to the aJferting their
own Power, and conferred the Commendam for Lite :
And if this happen to one who hath another incom-
patible Benelice in Title beibue, the Letter of tlie
Law is preierved ftri^lly and without Reproach,
, which forbids two Benci^ccs to be given, uniefs the
one be in Title, the other in Commendam : But t\i^
Senle or Spirit of tlie Law is perverted :, feeing the
Commendatory for Life, as to xh.^ Profits, is, to all
Intents, the lame with tiie Titular (i) In the fame
Manner,
(i) When by reafon o^ any
Calamity of War or Plague,
fays the Author in the lame
Place, an immediate Eiedion
could not be made, the Supe-
rior recommended the vacant
Church to ibme ierlbn of
known Vertue and Ability, who
befides the particular Care of
his o\vn Church, governed in
the Vacancy oi this, till it Avas
iiird : And this Commendatory
was only the Depolitor}- of the
Revenues.
Afterwards the Commenda-
tories, under divers Pretences
of Neceffity and ))ecency, made
uie of the Fruits-, and that
they might enjoy them longer,
they put off the Nomination or
Election of the Titulars b} le-
veral Artifices, which occafion'd
the fixing the Term of the Com-
rfKndam to fix ^Months. £ut
the i^opes making u(e ot their
plenary Power, prolonged the
Term, and even granted the
Commzndams for Life,: with all
the Profits.
This Invention, which in its
Original was pious, degenera-;
ted into fo much Abule, as to
be made ufe of in corrupt times
to countenance Pluralities, of
which one lort, the}" faid, was
polieis'd in Title, the other in
Cof77n7snda}?i •, by which, the
Words of the Law were obler-
ved, but the Senle was defea*
ted j feeing the Commendatory
for Lile differ'd in nothing from
the Titular, [iVknefsthe For/n
of Bulls c/ Commendam, Cu-'
ram Monafterii ac regimen vT^
adminilbationem tibi in fpiri-
tualibus 6v temporalibus pie-'
naiie committentes.] And in
lib. 3. of the fame Hiftcry, he
ipeaks thus, Vv hen the VV eilern
Empire was ravaged by the
barbarous Nations, it happened
olten that the Churches loli
their 1 aflors, and that thofe to
whom it belong'd to provide
others.
144- Of Ecclesiastical
others, were hinder'd by the
Inroads and continual Violen-
ces of this accurfed People.
For this Reafofi, the chief
Bilhops of the Province recom-
mended the Orphan Church to
ibme vertuous Churchman, till
they were at Liberty to chufe a
Paftor canonically. The Bi-
ihops and neighbouring Curates
did the lame, when fome Coun-
try Parifh fell vacant. And the
Perlbn pitch'd on for Commen-
datory being always a Man of
Coniequence, who was much
concern'd to anlwer the Ex-
peftationhad of hini,theChureh
found great Advantage by it.
But as Corruption commonly
creeps into the beft things,
ibnie Commendatories began
to divide their Care betwixt
the Service of the Church re-
commended to thcnl, and their
particular Intereft;, ancl the Bi-
lhops to recommend Churches,
when there was no Occalion. So
this Abule ftill encreaiing, a
Law was neceflary to limit the
Time of the Cowwendum to fix
Months, arid to tbrbid the
Gomnlendatory to take any oi
the Profits. But the Popes,
fettmg themfelves above all
Law, prolonged the 'I'erm of
the Commendams^ and granted
a Part ot the Profits to the Ad-
tniniftrators ^ and atterwards
fcarried things fo high, as to
grant Cotnmendami for Lite,
with all the Revenues. After
which they charged alfo the
Stile of their Bulls, faying,
'* We recommend this Churcb
'' to t^ee, that thou mayeft
'" fupport thy Condition with
" more £afe and Decency,"
\jit ftatufn tuum juxta gradum
tuce nobilitatU decenttus teners
valeas^l Whereas, the Title
before was>. *' To the End, that
" during this Interval, this
^' Church may be ferved and
'' govetned.*' Farther, they
ordered, that the Cof^ninndaws
fhould be left wholly to their: ^
Difpofal, without allowing him
who had the Right of Collation
to ufe his Right, lipon the
Death of the Commendatory,
Now, as the Commendatories
were made by the Popes, and
depended only on him, People
chofe rather to follicite at Rorne
for Benefices in Commtndamy
than for Benefices in Title;
ieeing by this Means, they
withdrew themfelves from the
Biihop's Authority, who thus
loll it over mod of the Churches
of their Diocelfes. Whence ic
came to pais, that the Com-
mendataries being no longe^
accountable to any Body, re-
trench'd to their own great
Advantage all the necelfary
Expences, and let the Buildings
go to Ruin ; minding nothing
but how to iupport their Con-
dition acfcording to the Tenure
of their Bulls.
I thought it proper here to
infert thele xwo Pieces of Hi-
llory, extracted out of the Hi-
ftory of the Council of Trenty
by Fra. Vaoloy becaule they
give a ptrfecl Account of every
riling that is requii;d to be
known, in. the Bulmels' of Ccm''
men dam ?t
. Manner^
Benefices artd Revenues. t^d
Manner, as a Benefice given in Commendamy to one who
hath not the Qi^aliiications reqiiir'd by the Canons,
is not offending againft the Words of the Canons •,
but the Benefice is given in Effeft, tho' hot in Words.
The Commendams of Bifhopricks and other Benefices,
are almoft diliis'd indeed in Italy y only there Hill
remain Ibme Abbies in Commendamy upon Occafions^
which iliall be mention'd when we come to our own
Times.
. By the Methods we have defcrib'd, the Pope?
drew to themfelves a great Part of the Collation of
Benefices, in all the Chriftian Kingdoms of the
Weil. But in the Eaftern Churches they were not
allow'd to dilpole one Benefice, not only towards the
latter Times of that Empire, when XhtGreeh iepc-
rated intirely from the Church of ^omcy but evcri
when they were united ; except in the Parts of
SyfU and Greece^ when thefe Countries were under
the Dominion of the Fnnch and Venetians, And
tho' thele Bulls, which difpos'd of Benefices in fonie
one of the Methods above-mention'd, were for the
nioft obey'd yet they met with fo many Complaints
and Murmurings, as made it fometimes be dilputed,
whether the Pope had any Right at all all to fiich
Power.
In Italy no Oppofition was made to it, except by
fome confcientious Men, who had only the Service
of GOD in View: The Italians ^ of whom the
'Roman Courtiers were composed, finding their Ad-
vaintage in this great Authority of the Pope, which
help'd them to Revenues beyond the Mountains.
In S^ain^ the Prudence of that Nation eluded all
the Artifices of the Court of Komey by Kegotia-
tions.
hi England^ where the Benefices are very rich and
numerous, the Roman Coitrtiers made fuch mighty
L ^ Accjuifi-
14.6 Of ECCI.ESIASTICAI.
Acqulfitions (2), that in the Year 1232, the Clergy,
and the Military Men of the Kingdom, form'd a
Confederacy or AfTociation ^, and pillaged all the
Goods and Revenues of the beneficed Roman Clergy
throughout the Ifland ('c). The Pope commanded
the King, under Pain of ExcommiTnication, to
chaftife them with his Temporal Arms, and the
Biiliops to excommunicate them : But the Confe-
derates were too ftrong, either for the Kings to
touch them, or the Bifhops to excommunicate
them. Yet this Interval of Qiiiet lafted but for a
few Years, for Pope Innocent IV. a Genoefe (3), tak-
ing Courage, fent one Martin, a Kinfman of his,
to renew tJie Pretenfions of the Court (/) : The
BnglijIfJ
(2) Mattb, Tarii faith. That
Gregory IX. commanded the
Archbilhbp of Canterbury, and
the Biihops of Lincoln and Sa-
rhhtiry^ to provide 3 CO Romans
■\vith VCiQ £r{1: Benefices that
iliould be vacant in their Chur-
ches, fufpending all their Col-
lations, until thefe 300 were
provided for. Anno, il&fi,
"^ Matth. Paris in Hen. III.
j^«w. 1231.
(c) Eodem anno di{lra(5^a funt
horrea Romanorum per totam-
fere Angliama viris quibufdam
armntis, & adhuc ignotis, bonis
conditionibus & ad commodum
multordm, & opus licet teme-
rarium in Iblennitate pafchali,
inchoantes fine contra di(5iione
i5c libere, quod quandoq; mini-
mos inter pauperes feminantes
eos coUigere hortabantur. Idem
in Henrico, anno xi'^'l,
(3) Of the Family o^ Fiafc/ji
of the Counts of ^ava^na^
elefted in 1243. call'd the Fa-
ther of the Canonifts.
(d) Circum idem tempus
milit Dominus novus Papa
quendam novum pecuniae extor-
Ibrem magillrum videlicet Mar-
tinum, autenticum papale de-
ferentem, & habentem potefta-
tern excommunecundi, fufpen-
dendi, & multipliciter volun-
tati iiige refiftentes puniendi.
Idem, Mattb, Paris,
It is obfervable, that the
Popes pretended to fo great an
Authority over England-^ by
Virtue of an ancient Right,
founded on the Donation of
Ccnftant'my hy which, all the
Illands were given, as was pre-
tended, to the Church of
Rcme.
Ad preces meas illuftri Regi
Anglorum Henrico II. conceffit
ik dedit(Hadrianus)Hiberniam
jure haereditario poflldendam.
Nam onines Infulw de jure an-
tique
Beiiefices and Revenues. i^y
Englijh complaln'd to the King, that the ItaL'ans
had got Poiieflion of aH th^ Beneiices ■ and the
King drove Martin out of the Kingdom, and mak-
ing a Computation of all the Revenues which the
Popes drew out of England^ found they were equal
to his own Revenue, which amounted to 6ccco
Marks (4J. And upon his laying tiiele Grievances
before th.^ Pope, in the Council oi Lyons ^ who pre-
iided there in Perfon, he was anfwei'd. That the
Council was not ailembrd tor that Affair (^ 5), nor
was the Seafon proper to remedy ic.
While this Council was held in the City o'i Lyons ^
the Pope had a longing Delire to beftow forae Pre-
bendaries of that Ciiurch on Ibme of his Relations,
which made ib great a Diflurbance in the City,
that on Notice that th^y were in great Danger of
tiquo ex donatione Conflantini,
qui earn fundavit, & dotavitj
dicuntur ad Rom. Ecclefiam
peitinere. 'Joannes Sarisburknfis
lib,^* Metalogic'i^ cap,i^2»
(4) The famcHiflorianraitb,
that the Revenue of* the Italian
Beneficiaries, eftablifh'din Eny^-
land, amounted to more than
70 thouland Marks of Silver j
and that Innocent W , had more
impoverilh d the Church of
God, than all the Popes toge-
ther had done, iince St. Veter,
Epifcopus Robertus Lincol-
nieniis fecit a luis Clericis diii-
gcnter computari, alienorum
proventus in Anglia, & inven-
tum eft, 6c veraciter comper-
tum eft, quod Innocentius IV.
p us Eccieliam univerlalem de
peraverat quam omnes Prsede-
ceifores a tempore Papatus pri-
mitivi. Redituiq; Clericorum
per iplumin Anglia alienorum,
quos EccIeliaRomatie ditaverat,
ad plufquam feptuaginta millia
Marcarum aicencit, Reditus
Regis non ad ejus partem
tertiam computatur. In vita
Henrici IIL adannj 1252.
In anctlier l-'lace, ad an. 125^,
he calls innccent IV. Dijfipatcr
Ecdefi^ Ve'h '^ venditor Eide-
[larum,
(=;J tJe had cali'd it, und-^r
Pretence of lending Succours
to the Holy-Land, hut h^s true
Motive was, to excommunicate
the Em.perot Fred.'ric, Ramald
an. 124^. § I. {^ Alatth. Farii
anno 1245.
L X
being
J48 Of Ecclesiastical
being thrown into th^ Rhone (j)^ he lent them pri-
vately out of Town.
>Jeverthe!efs the Court ceafed not to make new
Attempts. In the Year 1253, the lame Pope com-
manded Foherty Billiop of Lincoln^ a Perlbn eminent
in thofe Times, for Learning and Striftnels ofLife,
to confer a Benefice upon a Genocfe^ againft the Ca-
nons : Which appearing both inconvenient and un-
jnll, this Prelate anfwer'd, That he received the
Apoltolick Commands with the Reipc^t due to
them, as they were conformable to the Dodrine of
the Apollles, but that the Non-ohflantihus made up
of Uncertainties, hiconfiftencics, and proceeding
from want of Faith, came like a Torrent to over-
throw the Peace of Chriftendom : That it was a grie-
vous Sin to take away the Pafture from the Sheep :
And that the Apoftolick See had all Power to edify
but not to deftroy (f). The Pope was enraged at
this
{e) Eodem tempore cum
vellet Dominus Papa quibuf-
dam Prgebendis Lugduneniis
EccleiiK vacantihus, quofdam
alienegenas conlanguineos vel
affines fuas, incoul'ulto Capi-
tulo intrudere, reftiterunt ei in
facie Canonici Lugdunenfes,
comminantes, & cum juramento
obteftantes, quod fi tales apud
Lugdunum apparerent, non
pollet eos, vel A rchiepifcopus
vel Canonici, protegere, quin
in Rhodanum mergeretur. Mat,
Varif^ anno 1245.
Emeric Gueri, Archbifhopof
£yons, chule rather to quit his
Archbiflioprick, than to lee his
Church expofed to the Plunder
of the Pope. Gallia Chrifliana I
pag, 324. MdU IVeflm'mft, I
(/') Mandatis Apoftolicis,
faith he-i in his Anfvotr to the
Pope, aff^ftione filioli devote &
reverenter obedio, his quoq;
quae mandatis Apoftolicis ad-
verfantur, paternum zelans ho-
norem, adverfor & obfto ; ad
utrumq; enim teneor ex divino
mandate — Non eft igitur li-
ters, tenor Apoftolicae fanfti-
tati conibnus, led abfonus plu-
rimum & difcors. Primo, quia
de illius literse, & ei confimili-
um fuper accumulate non ob-
ftante Icatet cataclylmus incon-
ftantise audaciae & procac'.tatis,
inverecundise, mentiendi, fal-
lendi, diffidenter alicui-creden-
di, & ex his confequentiiim vi-
tiorum quorum non eft nume-
rus, Chriftian3e religionis puri-
tatem.
Benefices and Revenues. 14.9
this AnCwQr, and Cardinal ^gidius, a Spaniard^ a
prudent Man, endeavoiir'd to appeafe him, repre-
lenting. That proceeding to Extremities, in a Caule
16 odious in the World, and -againft a Prelate ib
iniiverrally efteem'd, could have no good Effed (h).
But
tatem, & focialis converfationis
hominum tranquillitatem com-
movens, 3: pcjrturbans. Prse-
torea -— non eft, nee efC^ po-
teft, alterum genus peccati tarn
contrarium Apoftolorum dod-
rinae, & evangelicse & ipfi Do-
mino Jefu Chrifto tarn detefta-
bile, & abominabi.le, quam a-
nimas curae paftoralis officii &
minifterii defraudatione morti-
iicate & pcrdere. And after fome
ether Re won f} ranees cj the fawe
Strain, he fimjheth hU Letter
thus : Apoftolicse fedis lanftitas
non poteft nifi quse in aedifica-
tioneni funt, & non deftruftio-
neiii : Hacc enim eft poteftatis
plenitudo omnia pofTe in sedifi-
cationem : Hac autem quas vo-
cant, proviiiones non iunt in
sedificationem, fed in manifeftif-
limamdeftru(n:ionem. Nonigi-
tur eas poteft beata fedes Apo-
ftolica acceptare, quia caro &
languis (becai(fe \\r\\octr\t gave
all the Benefices to his Kindred^
and filTd the Englifti Church
Tv'rth Genoefes) quae regnum
Dei non poilidebunt, eas reve-
lavit. Mat. Paris, in the Life
of Hen, III. 1251.
(g) Hsec cum ad Papse audi-
entiam perveniffent, non fe ca-
piens prse ira iuperbo animo
ait : Quis eft ifte lenex delirus,
furdus, i<c abfurdus^ qui fada
audax, immo & tenaerarius ju-
dicat ["which of the two donted,
the Pope, who^ broke the Ca-
nons, or Lincoln^ \vho defen-
ded them ? \^ hich of them was
deaf, Lincoln^ who hearken'd I'o
well to the Voice of the LORD,
or Innocent:, who was deaf to an
Apoftolical Prelate, -vvho told
him his Duty ? ] per Petrum
& Paulum, [he. fware by St.
Peter and Paul againft the Bi-
fhop o? Lincoln^ who gavehitn
the lame Rebuke then, which
St, Paul had given to St. Peter^
quia reprehjnftbilis crat, ^ non
re^b ambtdabat ad veritatem
Evangel ii, (Galat. 2.) inftead
of imitating St. Peter^ Avho pro-
fited by this Corre(5lion] nifi
nioveret nos innata ingenu tas,
ipfum in tantam contufionem
praecipitarem, ut toti mundo
fabuia foret & exemplum. Ibid,
(h) Nonexpediret, Domine,
ut aliquid durum contra ipfum
Epifcopum ftatueremus, ut e-
nim vera fateamur, vera funt
quae dicit, non poflumus cum
condemnare. Catholicus eft>
imo & fan^tiffimus, nob^s reli-
giolior, nobis fancftior, excellen*
tior, & excellentioris vit«, ita
ut non credatur, inter omnes
Praelatos majorem, imo nee
parem habere. Novit hoc
Gallicana t^ AngUcana Cleri
L 5 univer-
150 Of Ecclesiastical
But whilfl the Pope vvai^ meditating which way to
be reveng'd, Eohert clied, conrinir'ng to Ipeak in the
lame Strain to the hi ft Moments of his LifeCi) :
And as he pals'd fm- a Saint, the Report went that
he wrought Miracles. The Pope, when he heard
of his Death- order'd a Procefs ao^ainft him, to take
him out of his Grave, and lei^t it to the King to
univerntas, nojlra non praeva-
leret contradiario. Hujulmodi
epiftclse Veritas, quse jam forte
jnultis innotuit> multos contra
nos pcterit commovere. Hsec
dixerunt Dominus ifgidlus
Hilpanus Cardina'is, &; aJii,
confilium dantes Domino Papse
ut omnio haec conniventibus
oculis fub diffimiilatioiie tran-
fire permitteret, ne I'uper hoc
tumuJtcsexcitaretur. Ibid,
This Cardinal:, by the Tefiz-
wcny cf the /aid Mat. Pars, was
a great Man^ Fare careris,
faith be, coiumna in curia Ro-
mana veritatis, & Juft'tias, ^
inunerum afpernator, qu:e ri-
gorem xquitatis fle£lere con-
iueverunt. He died 12^^^, aged
near iccTears.
(i) Privelegia famftorum
Pontiiicum Rom. PrasdecelTo-
rum luorum Papa impudenter
annuliare per hoc repagulum
non-obilante non erubeicit :
Quod non lit iine eorum preju-
^icio & injuria manifeila; fie
cnim reprobat, & dirult, quod
tanti, & tot fanfti asdiiicaverunt
— - Nonne dicit Papa de luis
plerilq-, praedecelToribus, iHe
vel ille pioe reccrdationis prxde-
ccfior nofter, ^ Isepe adh^eren-
tcz {aiitfti prcedeceiiorit nollri
veftigiis, i^c. Quare ergo, quae
jecerunt, dlruunt fundamenta,
quilequunturf' Konne plures,
divina gratia falvati, majores
funt uno folo adhuc pericUtan-
te? — Unde ergo haec injuri-
ofa temeritas, privelegia anti-
quorum fanftorum multorum
in irritum revocare ? That is to
fay, The Pope is not alham'd
to cafs and annul, with a ncn-
obftante, the Conceflions and
Aifts of their holy Predeceflbrs,
not confidering the ^njury he
doth to their Iviemories, in o-
verturning all their fpiritual
Fabrick. V* hen the F ope Ipeaks
of any of hisPredecelfors, doth
h'^ not fay, Our Predecellor
2V."r of pious Memory ? And
very oft he faith. Being willing
totbllowthe tootfteps of our
holy Predeceiibr : Vvill he then
ruin the Foundations which o-
thers have laid ? Many "Popes,
wiio, by God^s Grace, have
happily arriv'd at the Harbour,
are not they of greater Weight
than one alone, who is in Dan-
ger of making ShipwTeck ? How
comes it then, that Innocent is
fo bent upon revoking the Pri-
vileges, which lb many holy
Fathers have granted ? 'Matth.
Paris, in tnc lame Life.
execute.
Benefices and Revenues 151
execute. But the Kight following, Robert appeared
to the Pope, either iia a Viiion or Dream, clad in
his Pontifical Robes, and reproaching hiin for per-
Iccuting his Memory, gave him a Blow on his Side
with his Crofs (K)^ w^hich awaken'd the Pope with
an excefTive Pain, which continued with him till
his Death (/).
In the Year 1258, Alexander IV. ■^, his Sueceffor,
on the like Occalion excommunicated the Archbi-
ihop of Torky who perlevering and juftifying him-
(k) Hoc anno 1254. Domi-
nusPapadum iratus fupra mo-
dum vellet ofla Epifcopi Lin^
colnienfis extra Eccleiiam pro-
jicere — - julTit talem Epiftolam
fcribi Domino Regi Angliae
tranfmittendam : Sciens quod
iple Rex libenter defaeviret in
ipliim, {For, as cur Hiflorian
faith, 6 or 7 Pages before, Ro-
bert TOM Domini Papae & Re-
gis redargutor manifeftus] fed
no£le (equenti apparuit ei idem
Epilbopus Lincolnienfis pontifi-
calibus redimitus, ac voce ter-
ribili ipfum Papam in le<fto fine
quietequielcentemaggreditur&
affatur pungens ipfum in latere,
i<ftu impetuolbj cufpide baculi
iuipaftoralis : Et dixit ei, Si-
nibalde, Papa mirerrime, pro-
poCuiftine oila mea extra Eccle-
iiam prcjicere ? Unde haec tibi
temeritas? — Nullam potefta-
tem in me habere te Dominus a
modo patietur : Scripfi tibi in
ipiritu humilitatis, & dileftio-
nis, ut errores tuos crebrcs cor-
rigeres: Sedtu monita falubria
falcinante corde contempfifti,
y?e, qui Ipernisj nam 6: tu
contemneris, & Ciz Recedens
Robertus ipfum Papam -^-
dereliquit iemineccm. Ibid,
anno, 1254,
(/) Papa in Latere quad pleu-
rifi infirmatus, vel lancea lau-
ciatus : Nee potuit ei Cardina-
lis Albi Phyfica Suffragari ; non
enim pepercit Robertus Lin-
colnienfis Sinibaldo Januenii,
{jvhich rvj^s the Name and Coun-
try of Innocent) 6c qui vivuni
noluerat adire corripier.tem,
fenferat mortuum impin^entem.
Nee unqunm poftea iple Papa
unum bonum diem vel profpe-
rum confinuavit ufq; ad noftem
vel no clem ufq-, ad diem fed in
fomnem & moleftam, Ibid.
{m) Towards the End of the
Year 1254. Mat, Par if reports.
That Innccent being at the Point
o^ Death, and feeing his Friends
weep, faid to them, ^ad plan-
git is miferi ? Ncnue vcs ownes
divites relinquo^ quid awpJius
exigitis,
* He was of the Houie of
Conti, the fame with Innoct:ntl\l^
I and Gregcrj iX,
L 4 felt:
^2 Of ECCJLESXASTICAL
feir, flood the Perfecution with great Fortitude (n\
jind drawing near his End, wrote a Letter of great
Prudence to the Pope, exhorting him to imitate his
holy Predeceflbrs, and to fupprels thele Imiovati-
pns, ib injurious to the Church, and fo dangerous
to the Safety of his own Soul (<?) : And then died^
i^i the Reputation of a Saint and Martyr.
During the Confulions of thefe Times, there was
a Regulation found neceffary to be made in France^
which I fhall here recount, introducing it with this
{n) Annp 12 $7, aggravavit
Planum fuam Dom. l-'apa in
A rchiepifcopum Eboracenf. jul-
fitq-, eum ignominiofe nimis in
tota Anglia excommunicari.
Ipfe tamen Archiepircopus ex-
emplo B. Thomse Marty ris nee
ronB. Rob. Epifcopi Lincolni-
enlis iidelitate eruditus de ibla-
tio ce!itiis mittendo minime de-
iperavit, omnem papalem ty-
rannidem patienter rufftinendo.
And 8 Pages aftery Renuit ge-
pua Relieve Baal, 6c indignis
Barbaris opima beneiicia Ec-
clefi3e fuae, quail Margaritas
porcis, imo fpurcis dillribuere.
Ibid, Jlnd 4 ('r 5" Pages after.
Nee cenfeo prsetereundum quod
B. Edmundus Leftor in Theo-
logia Oxonialis (And after-
rvards Archbifhcp t/'Canterbury)
ei dicere conluevit. Oh Sewale
(vohich WM the Name cf thU
Archhificp of York) Martyr ab
hoc leculo tranfmigrabis, terro,
vel faltem gravibus, 6< infupe-
rabilibus in mundo tribulatio-
nibus impetitus ic trucidatus;,
Jbid, ad an. 12^^"], 1258.
• (0') In amaritudine animae
fcripfu: Papae exemplo Roberti
Lincolnieniis Hpifcopi provoca-
tusjdolensinconfolabiliter^quod,
tarn multiformiter ipfum fati-
garatj eo quod inexpertos, &
linguae Ang]ican3eignaros renuit
acceptare, nunc iufpendendo,
nunc ab Ecclefla eliminando,
nunc crucem adferendo, ^c,
(the Vcpe had fcrbid his firfi
Almoner to carry the Crcfs bejore
hiwy as TOiVS theCaftcm) Con-
queftus eft; infuper gravdter,
quod impetus quorundam Cle-
ricorum authoritate papali pro-
tervientium segre iuftinuerat,
fed patienter, ut probra Patris,
non ut Cham reveiando deride^
ret, led ut Sem abfconderet
& velaret. Humiliter ergo in
icripto fuo & inftanter petiit,
ut cpnfuetas tyrannides tempe-
raret, humilitatem fanilorum
Prxdeceflorum liiorum fequen-
do. Dixit DominusPetrp, palce
oves meas, nontonde, non ex-
coria, non evilbera, vel devo-
rando conlume : That Uy Feed
my Sheepy and not Jheer them,
not tear out their Borcels nor dC'
vour them.
As fome Biihops have done,
of whom nothing is to be ob-
tain'd, but for ready Money.
Obfer^
Benefices and Revenues . 155
Dbfervatlon, That in Spight of all the Refiflance
and Defence made by the Princes and Biiliops againft
the Attacks of the Church of Rome, She has never
loft Courage in the iharpeft Confli£ls, or betray'd
the leaft Thouglit of defifting from her Preten-
lions.
On the Contrary, purfuant to thefe, in the Year
1255, Clement IV. form'd the Proje^l:, which would
have put him or his SuccefTors into the abfolute
PoJfTeflion of all the Collations of Benefices through-
out the Chriftian World ^ and withal have freed
him from the Servitude of inventing inceflantly new
Shifts and FineiTes, to draw the Collations to
Rome,
This Pope, therefore, begun with a Bull, which
concKided no farther, than what concern'd the Re-
lervation of Benefices vac antes in Curia ^ the Colla-
tion of which, he laith, is refer v\i to the Pope, by
ancient Cuftom *, which, confequently, he approves,
and that it is his Pleafure it ihould be oblerv'd :
But tho' he concUides no more than this, he had
lupply'd it with a Preface of the fcrongef^ Suppofi-
tions, in thefe Terms : " Altho' the intire Diipo-
*' fition of all Benefices belong lb juftly to the
^^ Pope, that he might not only confer them when
*' vacant, but alfo grant a Right of acquiring, or
^' of Prevention, before they are vacant : Kever-
^' thelefs, ancient Cuftom hath more particularly
^^ referv'd thole vac antes in Curia : Therefore We
^' approve this Cuftom Cj?)."
If
{p) Licet Ecclefiarum, per-
fonatuum, dignitatum alio-
rumq^ beneficiorum Ecclefiafti-
corum plenaria difpolitio ad
Romanum nofcatur Pontiiicem
pertinere ira quod non Iblum
ipfa cum vacant, poteft de jure
conFerre verum etiam jus in
ipfis tribuere vacaturis: colla-
tionem tamen Eccleiiarum,
dignitatum, & beneficiorum
apud fedem Apoftolieam va-
cantium.
154- Of ECGLESIASTICAJL
If the Decree liad concluded fuitably to his In-
clinations, of declaring that the Difpolition of all
Benefices belong'd to him, an nniverfal Outcry mull
have follov/d, and he have drawn all Orders of
Men, Ecclefiafticks as well as Princes, and other
Lay Patrons upon him j all would have been a-
iarm'd, and have ftood to their Arms, with Mani-
ieftos and Publications of their Realons, too loud
to be born : Whereas a Propolition, ftated upon a
Suppofition, without leeming to make any Con-
cluiion, pals'd the more ealily upon the Generality
of Men, who were not lenlible how much it im-
ported, and in Effeft it implied.
However, two Years after, in the Year i258,
St. Lewlsy King of France, without having any Re-
gard to this Bull of Clement IV. feeing the Regula-
tions made by the Qiieen Regent his Mother, during
his Minority, and Ablence in the Holy-Land, were
not of Efficacy to remedy the Abufes crept in by
the Difpenfations of Benefices, made his famous
Fragmatick ^ , wherein he commands, that the
Cathedrals
cantium, fpecialius ceteris an-
tiqua confuetudo Romanis Fon-
tiiibus refervavit.
Nos itaq-, laudabilem repu-
tantes hujufmodi conluetudi-
nem, & earn authoritate Apo-
ilolica approbantes, ac nihilo-
minus vokntes ipfam inviolabi-
liter obfervari, eadem authori-
tate ftatuimus, ut beneiicia qua^
apud ledem ipfam deinceps va-
care contigerit, aliquis prseter
Romaniim Pontificem conterre
alicuij, feu aliquibus non prae-
fumat. Sext'i Dscret, lib, 3.
* It is much doubted, if
this Tragmatick were made by
St. Levri^ or no, the \^ riters of
that Time making no Jviention
of it. Befides th:,t, it no where
appears^ that the Pope who
reign'd then, had any Differ-
ence with this King, which
had been unavoidable, if this
Pragmatkh had been Ills.
1 he Cardinal de Bcurdeille,
who refuted it in the Time of
ZeiVH XL in a fmall Treatife,
entitled, D^fenforun? Cncorda-
tcrum inter fed^nr ApcfloUcamy
ij Rcgew Francice Ludov, JL
feems
Benefices 'Sindi 'Revenues. 155
Cathedrals and Monafteries fhonld enjoy their E-»
lefts free and iincontroul'd, that all tbiQ other Be-
nefices ihonld be dilpos'd as the Law direfted 5
and that no Inipofitions of the Court of Rome
fhoiild be levied upon the Benefices, without the
King's Conlent, and that of the Galilean Church (^J.
But tlie Expedition of this pious Prince into
Afrkk againft the Moorsy and his Death, which
happen'd in the Year 1270. the hitereft which the
feems to fay, that it was not
made by bt. Lewis in thefe
Terms :
Quod autem eidem afci ibitur
feciife Pragmaticam per quam
quidem juftiiicare nituntur
Pragmaticam per rereniflimum
Princigem Carolum Regem
QVll.j domini noftri Ludovici
genitorem editam, & per eun-
dem Dominum noftrum Ludo-
vicum, catholice nuper abroga-
tam, nihil proderit eis, neq;
prodefle poteft, fi attendantur
iingula verba ejufdem fandi Tub
tenore hujus alcriptae fibi Prag-
maticje contenta, quae tais ab
aliquibus alferitur. Ludovicus
Dei gratia Francorum Rex ad
perpetuam rei memoriamj ^c.
Our Kings having never uled
this Form, which is iacred only
to the Popes Bulls.
(^) Statuimus & ordinamus
primo ut Ecclefiarum regni no-
ftri Praelati^ Patroni, &: bene-
ficiorum collatoresordinarii jus
fuum plenarie habeant, & un -
cuiq; Tua jurifdiiftio fervetur —
Item promotiones, collationeSj
proviliones, <bc dilpofitiones
Pr?elaturarum, dignitatum, &
aliorum quorum cunqj benefi-
ciorum, & ofEciorum Eccleiia-
fticorum Regni noftri;, I'ecun-
dum difpoiitionem^ ordinatio-
nem & determinatioHem juris
communis, facrorum concilio-
rum Eccleflae J3ei, ik inftituto-
rum antiquorum fandorum Pa-
trum, £erij volumus^ & ordi-
namus.
Item exaftioiies & onera gra-
viffima pecuniarum per curiam*
Komanam Hccleri:« regni noftrl
impofitaj vel impofitas, quibus
milerabiliter regnum noftrum
depauperatum extitit : Sive
etiam imponendas, vel impo-
nenda, levari aut colligi nulla-
tenus volumus, nifi duntaxat
pro rationabili, pia & urgentii-
iima caula velinevitabili neceffi-
tate, & de^ Spontaneo, & ex-
prelFo confenfu noftro & ipfius
Ecclefiss regni noftri.
ISfichcUs Gzks, in the Life of
St. Zervif, and the Compiler of
the Proofs of the Liberties of
the Gallican Church, alfures us,
that this Acl is found in the
Regifter of the Parliamant. See
the Preface of Mr. Finfcn upon
this Fragmatkk, pag. -^,0, num.
6 1, and the tollowing ones.
Houfe
156 Of Ecclesiastical
Houfe of Jnjou had in preferving the Pope's Fa-
vour, to eftabliih the PoJfeflion of the Kingdom of
Naples, and to recover that of Sicily -, together witii
thQ Permiffion the Pope had granted the King, to
gather Tythes in his Dominions, under the Pretext
of carrying on the War in the Holy-Land, were all
powerful Concurrents to facilitate the Authority
the Pope had loft. And Pope Boniface VUl. made
it ample Reparation, who in xiiQ Year 1298. inferted
theConftitutionofC/fwf/^rin the Decretals, only with
fome Ammendment, in making that now the prin-
cipal Sentence, which was before mention d only as
it were occafionally, and by way ofHyfotheJis, And
to give more Force to this Bull by the Uncertainty,
he lent it out under the Name of Clement only,
without exprefling whether it were the Fourth or
Third Clement : And that Doubt we find continued
to this Day, in the different Copies extant •, in Ibme
of which he is cali'd the Third, and in others the
Fourth^.
Then it was that this Propofition firft began to be
be admitted for Truth, That the abfolute Dilpoli-
tion of all Benefices belong to the Pope j which they
pretended to underftand in a Senfe not altogether
abfiird ^ which is. That tlie Pope hath a plenary
Power, but under the Regulations of Laws and
Realon (r).
But Clement V. explain'd himfelf in a Manner fo
clear, as to leave no Room for any favourable In-
terpretations, declaring. That the Pope hath not
only full Power of difpofing all Benefices, but alto
* In tbc Edition of Lions,
the Subfcription of the Title
de Praebendif^ is Clemens III.
ah'as IV.
(r) Quod Papa omnia potcft,
prsemifTa clavi difcretionis ante
clavem poteftatis. ca^, quanta^
ds iureiurando,
an
Benefices and Revenues. i^^
an iiitire Liberty in the Manner of dilpoling th.Qm(f),
By which Liberty the Canonifts nnderftand. That
he is exempted from Obedience either to Laws or
Reafon itlelf .^ and that he hath a Privilege of dif-^
pofing Benefices in what Manner Ibever, even againft
Keafon, the hiterefb of any particular Church, or
of any Lay Patron whatfbever.
This Do^b'ine is afferted on all Occafions in the
Bulls, and there is no Canonill, who holds it not
even as an Article of his Faith, That in the Colla-
tion of all Benefices whatfoever, the Pope can con--
cur with the ordinary Collator, and even prevent
him \ and may grant the Power of concurring with
tht Collator, and even of conferring Benefices by
Prevention, to whomfoever, and wlien he pleafeth :
Which is a Power lince granted by the Popes to
their Legates, by a general Conftitution.
hi all the Confideration of this whole Matter of
Benefices, nothing is more furprizing, than that
which hath been all along maintain'd by the Cano-
nifls to this Day, without any Regard to a Truth lo
notorious, either out of Animolity, or becaufe they
think it is a Wrong to their Proteilion, to pretend
to know any thing that is not drawn out of the
Decretals, That heretofore the Pope conferred all
Biiliopricks and other Benefices, and that fmce, he
hath granted away, out of meer Grace, the Elediori
to the Chapters, and the Collation to the Bifliops :
Tho' the Light at Noon-day is not clearer, than
that the Eledion of Ecclefiaftical Miniflers was
firfl in the People •, that afterwards it came into the
Princes Hands, when they had rcceiv'd the Chri-
(/) Salva in omnibus Rom.
Pontiiicis poteftate, ad quam
Eccleliarum, perfonatuum, dig-
ritatum aliorumqjbeneficiorum
ecclefiafticorum plena, & libera
difpofitio, ex luae poteftatis ple-
nitudine noidtur pertinere.
itiaa
158 Of Ecclesiastical
ilian Faith, aiid had taken the Affairs of the Church
into their Care : And laftly, that the Eleftions
relied in the Clergy only, after the Seculars had
been excluded by the Artifices of Gregory VI. and
his SucceiTors : Every Diocefs ftill retaining its own
Right of electing and, of collating its own Benefi-
ces ^ which the Popes have, by Degrees, inlenfibly
allum'd to themfelves, by fi!ich Methods as have
been already fhew'd, and liich as will appear in the
following Difcourfe.
In the mean time, there is no Doubt to be made,
but that this AiTertion of the Canonifts will one
Day come to be rank'd among the Articles of our
Faith, in order to introduce into the Church a
DoQ:rine, fo diametrically oppofite to that which
was preached in thofe Times. For Anfelm Bifhop of
Lucca^ who in the Year 1080, wrote three Books
againft Gilbert the Antepope "^, in Favour of Gre-
gory VII. which are yet extant, proves throughout
the fecond of thole Books, that by the Authority
of the Popes, the holy Fathers, the General Coun-
cils, and by the conftant Ulage oblerved from the
Times of the Apoftles, down to the Times wherein
he wrote. That the Eleftion of the Bilhops, which
he calls Tomifices 'f-, belonged to the Clergy, and
People of the particular Diocels : And that the
Emperors Conftantlne^ Confians^ Valent'iniAn^ TheodofiHSy
Honorius^ Charlemalgriy Lewis the Debonair j with di-
vers others excelling in Piety and Faith, have never
violated this Ulage, Unce the Times of the Apo-
ftles : And citing withal, a Conllitution of the
* OrWibert called CkmentWl.
formerly Archb. of Ravenna,
of whom is fpoken in the Notes
of the 29d Article,
t Not to call them Papa in
the plural, which, he faith, is
as improper and impiaus^ ap-
plied here, as to theiName of
God. See in the End cf the i%th
Artide.
Capitular
Benefices and Revenues. 159
Capitular of Charles and Lcwis^ in which it is de-
clared, That Biihops ihall be chofen by the Clergy
and People of the Diocels, accordiilg to the Ca-
nons (t\ he faith, That this is a Conftitution in*
tirely conformable to that of the holy Fathers ^
and that the Holy Spirit Ipoke no lefs by the
Mouths of thele Emperors, than if it had been
pronounced by the Council of Nice, or any other
general Synod.
By which it is evident. That in order to draw
the Right of Ele^lion out of the Hands of the
Princes, they have held for Tradition the direct
contrary to that which they would have us this
Day believe, and which the Canonifts teach : So
that neceffarily either the Canonifts muft err, or
thofe Authorities quotted by the Biihop of Lucca.
And if the elefting their -own Biihops were a Li-
berty which Jesus Christ had bequeathe to
every Church and Diocefi, conibnant to the Doft-
line of the Fathers and Councils, they are not fo
much in the Wrong who lay, That the Court of
Rome hath put all the Churches in Chains and
Bondage, under the Colour of defending their -Li-
berties ■^.
(t) Sacrorum Canonum non
ignari, ut in Dei nomine fcincta
Hcclefia iiio liberius potiretur
honore, adlenlum ordini Ec-
clefiaftico prsebuimus, ut lei!.
Epilcopi per eleftionem Cleri
& populij fecund, ftatuta Cano-
num de propria Diofcefi, remota
perfonarum & mufierum accep-
tione ob vitse merituni, & ia-
pientiae donum, eligantur, ut
exemplo &; verba ilbi iubjeftis,
ulq; quaq; prodeffe valeant.
Capitulary lib, I, cap.J^, Sec
the page 2. cf Article 15.
"^ :)ee Article 7.
CHAP.
i6o Of Ecclesiastical
CHAP. XXXVI.
HAving fet forth the various Methods whereby
the Church has acquir'd her Riches, our
Subject requires, that we ihould now be as particular
in the Methods taken to prelerve them. In order
to which, in dired Oppolition to all the Pradice of
the Primitive Church, all fort of Alienations are
forbid. For tho' the Churches, after they were
made capable by tlie Laws to acquire Eilates, re-
tain'd both thefe which were given in Preient or
bequeath'd, the Biihop had ftiil the Liberty, not
only to make ufe of the Revenues, but even to fell
the very Eftates for the Maintenance of the Mini-
llers of the Altar, and t(elief of the Poor "^ ^ and
to bellow in Charities, according to the Exigencies
of the Times : And this Power of Difpenfation
extended itlelf not only to the growing Rents, as
in thele Days, but to the Eftates themlelves, and
every Branch of Revenue. Which ?x firft was ad-
minifter'd with great Fairnefs and Integrity, and
without any inconvenient Confequences, and con-
tinued to be fo while the Churches were poor, and
the Bi/hops had but a little to manage, and were of
Imall Authority, which afforded them no Oppor-
tunities of great Tranfgreflions. But when the
Churches grew rich and powerful, a Fulnefs of
Fortune, and the Reputation and Intereft waiting
on thofe Circumilances, brought the Bilhops into
the Temptation of employing fome Part of the
Revenues at their own Plealure, and iiifpir'd them
with a Boldnefs to attempt things, which would
* Vide Can. 23, 24, & 26. j
Gauf. 12, q. I.
not
Benefices and RcvcnueSi 16 1
hot ordinarily have been permitted ; then they be-
gan to exceed all Bounds of Modefty, aad then
Dilpenfations of Charity grew into DifTIparion and
Profufion.
This made it necelTary to provide againft this
Evil, but the Remedy was to come not from the
Eccleliaflicks, but from the Seculars, who indeed
had born all tlie Lois : As for any Diminution of the
Ellates of the Church, the Poor, wJio had the lafb
Part ^, only felt it, and not the Clergy, who liad
the two firft Parts;
As the Churches of Rome and Cor.ftamJnofle were
the two principal and molt conliderable, it was pro-
per to begin the Cure there. Accordingly Leo the
Emperor, by an Edid (i), in the Year 470- forbad
all fort of Alienations in the Church o'lGonfiamino^ie,
And in the Year 483, Bafdm^Cecha Prafcftus Pre-
torioy Captain of the Guards to Odoacer King of
RomCy by a Decree made in the Church during the
Vacancy of the See, upon the Death of Pope
SimpUclus (2), orderM, that the Eitates of thQ
Church fhould not be alienated : And to the three
lucceeding Popes (3) nothing appeared extraordinary
in all this. But Odoacer being extinft, and ail his
Greatnefs with him. Pope Simmacus in the Year 502^
aflembled (4) a Council of all Italy ^ in which he
repreiented as a great Ablurdity, That a Lay-man
* Se6 the Articles or Chap-
ters 7 and 9.
CO This is Cod. 14. de
peror, and made bimfelf be
calFd King of Rcwn : That
Rows might change its Tittle,
facro'fanBU EcckfiUy which is as well as its Prince* lib* i
the Law of Leo and Antemim, j H(/?. (f Florence.
(2) Odcacer^, iaith MatchtaA (^) Fctlix II. according td
vely havingpoffefs'dhimrelf of'othes the III. Gelafua I, and
the Empire, kilVd (?re/?ff, ^ndl j^naflafim U.
put to Flight his Son An? uflu"] (4) At Ravema,
li») quitted the Title, of Em- «
M ijiouli
16::- Of EccLEsiASTiCAt
ihonid make Conllitutions in the Church ^ and with
thQ Advice of that Council, declar'd them invalid *
But to avoid the Sulpicion of his defigning to fo-!
ment any farther Diforders, it was decreed in the
fame Council, That neither the Foman Pontiff, nor
any other Minifters of that Church, could alienate
tny of her Eftates (5), withal declaring, that this
Decree was not intended to bind any other Church
than that of Rome only.
Succeeding times made it evident, that the fame
Law was as necelTary in all the other Churches 1
And therefore Anaftafms extended the Law of Leo to
all the Churches liibjeft to the Patriarchat of Cos*
ftantmoflej prohibiting them alio to alienate (5).
But in the Year 535, Jufllman made a general
Edict, which comprehending all the Churches of
the Eafl:, the Weft, ofjfrkky and even all Reli-
gious Places, which forbad all Alienations to any
Purpole wh^tfbever, unlels in the Cafe of fuftain-
ing the Poor in the time of Ibme extraordinary
Famine, or for redeeming Captives (7) ; in which
two Cales, Alienations were not only allow'd, con-
formable to ancient Cullom, but St. Amhrofe maketh
mention, that the Eftates of the Church, and even
th^ conlecrated Veliels (a)y might be fold.
(«)) This Canon is reported
hy Grat'mny Cauf, 12, ^. 2.
Cfnon, Ncn Ikeaty 2C.
(6) It is the 17th Law, CoiJ,
^facro-fanflif EccJefiU,
il) It is the Novel yth,
cap. 1. t'it, I. ccU,2,
(a) 1^0 redemption. Capti-
vorum, faJth St. Thomas, &
aliis neceffitatibus paupsrum.
vafa cultuf divino dicata diftra-
huntur, ut Ambrofius dicit
2a. 23e. quaefl. 185. art. 7. in
reip. ad 3. Videtur, faith Cs^-
jetan. Ibid, quod in cafii ne-
ceiTitatis pauperumpoiret poitio
Ecclefix fabricse debita pro pau-
peribus difpenfari — Nam prin-
cipalis intentio juris ad fabricas
vivas refertUF.
Thij
Benefices and Revenues; 163
This L2iW of Jufiiniaii was obferv'd in theWeftem
Empire(8), whilft Eome remained liibjcft to the Em-
perors of the Eaft ^ and there are many Letters extant
of St. Gregory y which make mention of Goods alie-
nated for the Redemptioh of Chrilliari Slaves r*
And for the Space of 200 Years^ from FelagiuslL
to Hadrian I. Cp), the Roman Church was at an in-
credible Expence to redeem themielves from the
Ravages of the Lumbards^ to fave their Towns that
were befieg'd, and to purchale Safeguards for the
Country : And thQ lame Pope Gregory gives a clear
and fatisfadory Teflimony of this Matter in his
Time.
The currant Doftrine which is advanc'd at this
Day, that the Goods and Eftates of the Cliurch
are exempt from the publick Taxes, foimd no
Countenance in thole Days ^ but on the contrary,
thole Ellates were the firll that were employed, be-
fore any Contributions were laid on private Families.
And it never yet came into Difpute, whether Princes
have Authority to make Laws, which befides the
Force of Cuftom and Prefcription, is founded ori
the ftrongeft Foundation, if we confider theie
Goods as the Goods of the Church •, that is, that
they belonged to the whole Body or Community
of Believers (11), and confequently, that it was
(8) This Law was confirmed
by CharJemaigny as to the
Churches, \shich. wqxq fub di-
Hune Rmana, lib. 2. Capitular
cap. 29.
(9) PeJagm was chofen in
579. aiid Hadrian in 772.
(10) See chap. 9. of the Con-
^itntionso? EwanuelComnetiius:)
who began to exempt the
Chui>ches of the EaU from thefe
Payments; and the X^w i. of
the Tbecdcjian Code, de annona
^ trtbutis, ^ ibi Gcthfredy a»
alfo the Cancm 21, ^ 22. Cauf,
23,^.8.
(11) For in the iiril Ages of
rhriftianlty, the Name of the
Church was common to all the
Congregation of the Faithful,
as well as the temporal Htlatei
of the Church.
M 2
meum-
164 Of Ecclesiastical
incwmbent on the Prince, to provide for their Pre-
lervation.
After the Empire was ^ftablifli'd in Charlemaigrfy
and the Roman Laws had loft their Force, the Abufe
crept in again ^ which occaiion'd feveral Prohibi-
tions in leveral Councils (12}, chiefly in France ^
where the Dillipations of the Church Eilates were
moft extravagant (13). But after the Popes had
infinuated
(12) The Councils of Afe^zax
and BeavoU, held in 845. Can,
17 and 18. of thefirft. Can* 9,
and 4 of the 2d. CcnciL JJga-
tbenfc annl 506. fub Clcdveo,
Can. 7. Cafellasvel mancipiola
Eccleiiae Epitcopi, ficut prifca
canonum praecepit authoritas,
vel vafa minilterii, quali com-
mendata iideli propof]tO;,integro
EcclefisJ jure, poffideant, id eft,
ut neq; vendant, neq;perquor-
cunq; contraftuSj res, unde
pauperes vivunt, alienare prae-
fumant. Quod fi necefTitas
certa compulerit, ut pro Eccle-
lljeaut liecelfitate, aututilitate
vel in uiuFru(ftuj vel in direda
venditione, aliquid diftrahatur,
apud duoi? vel tres Comprovin-
ciales, vel vicinos Epifcopos,
caul'a qua necefle fit, vendi,
primitus, comprobetur, & ha-
blta difculTIone lacerdotali, eo-
rum lubtcriptione, quae tada
fuerit venditio roboretur. Aii-
terfa<fta venditio^ vel tranlaAio
non valcbit.
(15) If the Eifhops of France
did not make Wafte of the
longcir in Force thei'e; butbe-
caule neither the Conftitution
of Zeo in 470, nor that of
u^najiafiui, nor of '^uftiniany
were comprehended in the Tb^o-
dcftan Code, which had hQQii
publiih'din438. which was 32
Years before the Edid of Leo.
For the Gallican Church ac-
knowled«'d no other Laws,
than thole of this Code.
Ut omnis Ofdo, faith the
Capitular <?/ Lewis theDebonair,
fecundum legem Romanam vi-
vat. torn. I. pag, 690.
Hoc etiam volumus, ut qua-
lilcuncj', Francus Ripuarius ter-
vum luum pro remedio animse
fuse fecund, legem Romanam
Hberum fticere voluerit, ut in
Ecclefia coram presbv teris, dia-
conis, feu cundo Ciero, & plebc
in manu Epifcopi fervum cum
tabulis tradat> & Epilcopus
Archiadecano jubeat, ut ei ta-
bulas fecundum legem Roma-
nam qua Eccleliae vivunt, fcri-
bere faciat. Regino, lib. 1, de
Ecckfiajiic. difcipUnus, cap. 405.
Janus a Ccfla ad tit. Extra de
Church Eftates, it was not for Ifirvis nsn crdinandisy pag." 116,
the Kealbn Fra. Paul gives, j So that it is no wonder if
ihAi the JK^;;;^» Laws were no ; Chark/mign permitted th& Ei-
fhop*
Benefices and Revenues. 165
infinuaced themlelves into the greateft Share of the
Government of other Churches, finding the general
Prohibition to prevent Difllpations, rendered in a
great Meafiire ineffe£hial by the Biihops, who found
Pretexts to except all particuhu* Cales out of the ge-
neral Law, they made divers Ordinances^, from
from the Year 1000, until 1250, in vi^hich were
prelcrib'd certain little Forms of Solemnity and
Ceremony, which the Biiliops were oblig'd to ob-
ferve, and which lerv'd as fome Reftraint and Ciicck
to this Profufion -f". And Crego-ry X. § in the Coun-
cil of Zyo^/, held in the Year 1274, order'd, that
befides thefe Forms, Alienations ihould not be good
without Licenfe from the Pope ^ which hath been,
and is oblerv'd to this Day ^ no Alienation being
ever allow'd, unlels the Utility of it be evident.
But this Utility hath not fail'd to be particularly
remarJc'd and cenliir'd as a real Injuftice. For tho'
the End of all Contracts is to make Things equal,
an Advantage on one Side turning to the Detriment
of tiiQ otlier, yet the Canonilts have ventur'd to
determine the Utility which the Church ought to
receive in alienating ^ fome of them having been
pleas'd to lay, that it ought to be a 3d Part of the
Value, others, a 4th : Which hath intirely put an
End to the Cuftom of felling Eftates to maintain
the Poor in an extraordinary Famine, or to redeem
Slaves ; iince in their Conitruftion, this muft have
fhops to difpofe the Filiates of; * See the Canon, Alienations
the Church, Capitular i 3. in- CauC 1:2. q. 2. ann. 1123.
certi anni, cap, 3. torn, 1. column \
527. Nor if in the German] "{ See the Chap. i. de rebus
Laws, tit, 20, the Alienations. Eccleiiaenon alienandis in Sejito,
of thefe Goods be forbid to j
none but the Prieils, torn, i. § Chap, 2. de rebus Eccle-
Capifulfir, *;ol, 62? 1 fise non alien^ndis in fexto.
M 3 turned
l66 Of Ecclesiastical
turned to the Lois, and not the Advantage of the
Church.
And thus Things leem to be inverted : To fell
and give to the Poor (6), which in former Times
was the higheft Chriftian Perfedion, would, at this
Day, incur great Cenfures : And it no\v eonfifts in
retaining the Poflelhons of the Church, without a
Power even of making any Exchanges, or changing
the Property of them on any Occalion whatfoever,
unlels upon an evident Advantage : And the Laws
againft Alienations, which were begun in Favour
of the Laity againll the Church-men, are now
turn'd in their Favour, againft the Laity.
(b) Omnes, qui credebantj
poirelfiones & fubft^ntias vende-
bant, & dividebant ilia omni-
bus, prout cuiqj opus erat,
Vendite quse poflidetls, &
date Eleemolynam, Lucas 12,
Si vis perfe<9:us efle, vende
quae habes, 6c da pauperibus,
Matth, 19.
Si neceffitas immineat paupe-
ribus erogandi, faith St. Tho-
mas, fupef flua cura eft, & inor-
dinata, ut aliquis in futurum
confervet (bona Ecclefiae) quod
Dominus prohibet. Mattb, 6,
Dicens, nolite foliciti efCe in
Craftinum. 2a, 2<e. quafl, 185,
art J, infne.
GHAP.
Benefices and Revenues 167
CHAP. XXXVII.
BUT to rctmntoth^Bcd^rmon of demerit IV.
and Clement V. and the avow'd Doftrine of
thole Times, which gives the Pope the Right of con-
curring with all Collators of Benefices, and even of
preventing them : This prov'd of no great Advan-
tage, except from the vacant Benefices in the neig^
bouring Places to Romey where the Vacancy would
loon be tnown. As for thofe which happened in
Places remote, the Power of concurring or of pre-
venting was of no Service to the Court, becaule th^
Ordinary would have dilpos'd, before the other
could have Notice of the Vacancy.
This put the Court upon an Expedient, which
made an univerlal Change as to the Benefices, and
intirely dellroy'd the ancient Inftitution through-
out the whole Catholick CJiurch. This was the
Relervation, a Decree, whereby the Pope declares
before a Benefice be vacant. That no Perfon fliall
ttike upon him to confer it when it Ihall be vacant^
and that if any Collation fhall be made, it Ihall be
void.
And becaule this Matter was lo odious in the
World, Cas all the Comments that are made upon it
confels) that it was to be uled very fparingly, and
great Management was required in preparing and
making it to be received, the abfolute Refervatioi^
which Clement IV. had made of all Benefices, vac an-
tes, in C«rM, appear'd too fevere : Therefore Grc^
M 4 gory
i68 Of Ecclesiastical
gory X. (i), reftraln'd it to a Month only ^ at thp
End of which he allow'd the Collators to make the
ordinary Provifions.
Clement V. (2) added to this, the Refervation of
the Benefices of the Cathedral Church, and of the
Monallery of St. Crofs of Bourdeaux for one Time,
or Prelentation only (3).
(0 Statutum Clementis Pa-
pae pr?edec noftri de dignitati-
bus, & beneliciis in Curia ro-
mana vacantibus, nequaquam
per alium cjuam per Rom. Pon-
tificem conferendis decernimus
taliter moderaiidum : ut ij ad
quos eorundem beneficiorum
fpeftatcollatio, (Ututo prsedifto
non obftante demum poft men-
fern a die quo beneiicia ipia va-
caverint, numerandum ea con-
ferre valeant, 6 Decretal 3. tit.
dc prabendis, cap. 3. Nos tot
maUsoc:urrere cupientes, om-
nes& fingulasdifpeniationeslub
recjptioni, aut retentione plu-
rium dignitatum quibus cura
animarum iit annexa — cuicunq-,
peribns concefias (Cardinalibus
tamen S. R. E. qui circa nos
univerfaii Ecdefige ierviendo,
iingu'arum Eccleilarum como-
ditatibus {e impendunt, ac Re-
gum iiliis duntaxat exceptis)
\fcr at Rome the Cardinals
Regibus asquiparantur.J duxi-
mus taliter moderandas, quod
per moderamen noftrum e/Fre-
natam talium beneiiciorum mul-
titudinem refrenemus, ipilque
impetrantes fruftu difpenfatio-
rium hujufmodi to taliter non
fruftrentur.Statuimusitaq;quod
pbtinentes nunc ex dilpcnlatione
leg'tima pluralitatemhujulmodi |
beneficiorum - — unum tantum
ex beneficiis, quibus cura im*
minet animarum cum dignitate,
vei beneficio fine cura quod bar
bere rpaluerint, poflint licitc
retinere. And one Vage aftery
Quse omnia & fingula beneficia
vacatura, v^el dimilFa, noftrae,
& fedis A poft. diipolltioni re-
lervamus : Inhibehtes ne quis,
praeter Rom. Pontificem de hu-
jufmodi beneficiis diiponere, vel
circa ilia per viampermutatio-
nisp vel alias, innovare quoquo-
modo praefumat. Extravag. tit,
de prab. cap, Execrabilis,
(■7) Who fucceeded next to
him.
(3) Specialiter Burdegalen-
tem Ecclefiam, & monafterium
fan(a3e Crucis Burdegalenfis,
ordinis St. Benedi(fti — ik gene-
raliter Patriarchales, Archiepif-
copales, Epifcopales eccleilas,
Monafteria, Prioratus, nee non
Canonicatus Prsbendas ecclefias
cum cura vel fine cura, ti alia
quaelibet beneficia ecclefialHca,
qu3s apud fedem Apoftolicam
vacare nolcuntur adpraefens, &
quae toto noftri Pontificatus
tempore vacare contigerit in fur
turum> provilioni, collationi,
ac dilpoiitioni noflrae, & fedis
ejufdem, hac vice, authoritate
Apoftolica refervamus. Extrav,
Cotnmun,- 3. tit, de prabendisy
cap. 3, Pope
Benefices and Revenues. 169
Pope John XXII. his SucceiTor, made a little
larger Step, in a Conftitution he made to reform the
Pkirah'ty of Benefices, which prohibits the holding
more than one Benefice with Cure of Souls, and the
holding more than one without it, but with Dif^
penfation : And with Exception to the Cardinals,
to which this was not to extend : Commanding far-
ther, that thofe who had more Benefices iliould re-
lign them ^ and that for the future, whoever took
a Benefice, who was poffels'd of one already, fhould
refign the firfi: -y which refign'd Benefices were to
remain all at the Pope's Difpofal. The Pretence
for this Bull, which was to take away the Plurality
of Benefices, was very Ipecious : And tho' the Re-
lervation it contain'd had no other End than advan^
cing the Intereft of the Church of Rome^ however
this was made to pals only as an accefibry Advan-
tage, and not the chief Defign ^ and which at the
iirft View feem'd to be without Confequence, becaul^
the End to which it tended, did not then difco-
ver itfelf.
The many profitable Examples this Pope hath
left to his SuccefTors of heaping up Wealth by the
Collation of Benefices, make it necefiary to dwell a
little longer upon this Head. Many BiiliopricliS
he divided (4), and when a rich Benefice was
vacant, he gave it commonly to one who poifefs'd
a
(4) Adeo rebus novis ftudult,
faid Platina in his Life, ut 6;
iimplices Epifcopatus bifarii^m
diviferit, ac divilbs in unum
redegerit, 6c Abbatias in Epif-
copatus., & Epifcopatus in Ab-
batias viciffim tranftulerit. No-
vas quoq; 4ignitates nova Col-
legia in Ec;cleiiis conftituit^ ^c.
He divided that of TouJoufe
into ijve, ereding it into an
Archbilhoprick, and making
Suffi-agansthe four Cities which
he difmembred from its Diocefs,
vi^, Mcntauhan^ Zavaur, Rieux,
and LombeX' He like wife af-
fign'd Vamizx to it, which 5f-
ni\'<ic^ YIII. had placed under
T70 Of ECGXESIASTICAL
a leiTer Benefice already, that this might be given to
another : And he manag'd lb well, that he made
one Vacancy fbnietimes produce 11 x Prelentations ;
removing always from a lefler Benefice to a greater,
and filling the leall Benefice with a new Beneficiary ^
fb that Money was drawn from every one of them,
and every one contented.
J^arbon, of \shichUiky Alet^nd
St. Pons ek Tomiers were made
Suffragans by a new Ere(?\:ion.
He diimembred Caflres from
the Biihoprick ofAlbiy St. Flour
from the Church of Oerwonty
Vabres from that of Rbodes,
and TuUesfrom that o? Limoges ^
and placed them under tlie
Archbiihoprick of Bourses,
CHAP, XXXVIII.
T*1 H I S Pope invented Hkewilc the Annates (i),
an Impolltion upon Benefices never before
heard of, and which for Ibme Time, occalion'cj
great Scandals.
When the Emperors or Kings conferred any Be-
nefice, if thole wiio were Candidates made any Pre-
lent, or agreed to pay out any part of the Revenues
as a Confideration for obtaining it, the Popes in-
veigh'd Iharply againft it, alled^ing that Palfage in
(i) It is not certain whether
"^ohn XXII. invented the Jn-
),jates or not, Flatina afcribes
them to Boniface IX. Tum
Tcro Ponifacius, faith Platina
m his Lije, five vice comitum
poteiJtiam veritus, fiveaugendse
ditionis Ecclefiaftic^e cupidus,
^nnararum ufum b'neficiis Ec-
Cicliaftids primus impofuit,
hac conditione, ut qui benefit
cium coniequeretur dimidium
annul proventus fii'co Apoftolico
perfolveret. Sunt tamen, qui
hoc inventum Joanni XXII. af-
cribant. See GuirKter ad tit,
de Annatis in pragmat, fan^,
verboy Annatarum^ pag, 468,
Edit* Franc, Pinfcn,
the
Benejices and Revenues, 171
the Golpel, Gratis acafifilsy gratis date^ Matth. lo,
calling fijch a Contrad Simonaicai, and a fetting to
Sale Spiritual Things : And Ibme Popes went io
far as to call in Herefy. Others again there were,
who refining upon it, made great DiftinO:ion betwixt
the Minillery of Jesus Christ, which confifted
in Binding and Loofing, and the temporal PoifeC
iions annexed to Benefices ^ and that there was no
Inconveniency in Princes adigning fbme Part of
thele Temporalities to the Service of the State (i)\
of which Matter there was a Iblemn and publick
pilcuflion.
But this Reafbning did not fatisfy Icarn'd and
pious People, for tho' the Revenues of Benefices are
certainly Temporalities, yet the Right or Title by
Virtue of which they are enjoy 'd, is a Spirituality.
And fo far it was generally then allowed, as it is at
this Day, that the Popes had Realbn to condemn
this Pradice, and call it Simony. And it was the
firfl Occafion taken by them, to deprive Princes of
the Collations of Benefices.
But after the Popes had afTum'd a great Part of
the Power to themlelves, of which they had ftripr
ped the Emperors, J^/^w XXII. in the Year i'^i6.
iiiade a Decree, That for three Years, whoever obr
tain'd a Benefice of more than 24 Ducats of yearly
Rent, ihould pay one Year's Value for Expedition
of his Bulls'^ : Which at the Expiration of the three
(2)Thore who had the Power
pF prefenting, fa^s the Author
of the Council of Trew^, lib. 6.
ieeing, that befides a fpiritual
Power, they convey'd tempo-
ralities withalj vh(, the Reve-
nue of theBeneficejthey thought
they had a Right to fome tem-
poral Confideration, and there-
fore thofe >vho obtain'd a Bene-
fice were obliged to comply
with the Condition of the Col-
lator.
* See the Chapter Cur» non^
nuUiS II. tit, 2. deprxbendis G?
dlgnitat, in Extrava^, Communk
And the Decretal otCkm. VIL
chap, 2. de Annatis in 7.i?(?-
cretaU
Year3
ly^ Of Ecclesiastical
Years came to be renew'd again, as well as continu'd
by his Succeilbrs, tho' in divers Places it met with
Oppoiltion : Some Places coming to an Agreement
to pay only the half of the Annate others to pay
only for Ibme particular fort of Benefices, and that
the reft ihould be exempted.
This Tax was reckoned very heavy upon private
Families , for the Annate being paid out of their
own Fortune, the Incumbent run the Hazard of
dying before he reimburfed himfelf(3). Princes like-
wile found it a jnighty Grievance, by its draining
their Countries of lb much Treafiire, without ma-
king any lort of Return : Befides, that this Exac-
tion being attended by a Train of other Expences
in Bulls, Difpenfations, and other preparative Pre-
lents, the Money which is the Sinews of Power, was
irretrievably funk, contrary to the Courfe of other
Trafficks.
When firft the Pope introduced this Kovelty,
the Generality of People were not capable of dif-
cerning the Difference betwixt this Payment and
that which had been fb much decried, when Princes
conferred the Benefices : But all the Learn'd Men
of thole times univerfally condemn'd it as Simonia-
cal (^), from its firft Eftabliiliment. hi Procefs of
Time,
(3) It was for this Reafon
that Bernard del Bene Bifhop
o^Nip^eS) faid to the Council
of Trent, That he could not ap-
prove the Jnnafes, neither as
to the Proportion, feeing a 2Cth
Part of the Income he thought
fiifHcient, nor as to the Time
of Payment; it not feeming
reafonable that any Payment
ihould be made before the End
of the Year> Fra, P40I0, lib, ?,
Cone, Trent ^ . •
{a) Saepe quaefitum e(\:, faith
a great Lawyer, an jure poifit
exigi, & haec fere Theologofum
efl: opinio jurifq; Pontificii con-
fultorum Roman. Pontificem
lege Simoniaci ambitus ut cse-
teros Epifcopos teneri, ii pro
lacris minifteriis pecuniam ac-:
cipiat. Net, in cat, i. dc Sitrion,
Nam
Benefices and Revenues* 173
Time, Ibme of the Doctors let themfelves on Work
to defend it : So they grew divided in their Opini-
ons J fbme cenfiiring it as unlawful, fimonaical,
and prohibited both by J^aws Divine and Human y
others defending it as a Thing allowable, and as a
Right belonging to the Pope ^ even to the main-
taining, that the Pope might of Right demand not
only the Annate ^ but more if he thought fit, as be-
ing the abfolute Patron or Mafler of all the Fruits
without Exception : And laftly, others, to give the
finifliing Stroke, went )h far, as indeed they could
go no farther, and declar'd, That whatever Con-
tra^i the Pope ihould make in the Collation of Be-
nefices, he could not be guilty of Simony (H).
Which if it were true, that all the Goods of the
Church were his, were an undeniable Confequence,
fteing every Man may make what Contrads he plea-
les in the Management of his own Eflate, without
Nam praeter Canones qui pecu-
niam omnino exigi vetant, hoc
genus ve<aigalis a lynodo Ballli-
enfl damnatum eft, i<c paena
amhitus adverfus eos, qui hac
via ad I'acra minifteria Eccbfls
graflantur, 6: adeo adverlus
iplumPontiiicem ftatutaj^ejf 2 1
Nee I'ati^ perlpicio ut le excu-
fare polfint hoc modo promoti a
Pontifice quoniinusinCanonum
poenam incurrantj <& tanquam
vitio creati, ut veteres ioquo-
bantur, dignitatem honoremq;
Ecclefiafticum amittant, ii quis
ad prilc3e Inftitutioiiis Normam
potius, quam receptee conlue-
tudinis^ haec exigere velit. Nam
quoquo le yeitant Fontilices,
quibufcunq; decretis, conflitu-
ticmibus, pa^ilqj banc e^aoUo
nem tueantur divinum oracu-
Jum Temper iis opponemus,
gratis p.ccepiftisj gratis datis.
Clcff.prag. tit, ds Annatis puar.
(k benef, lib, 6, cap, 3.
Vide Nic. de Ciemang's de
Annatis non folvendis.
(b) St. Thomas contradids
this in exprefs Terms : Papa,
faith he-, poteft incurrere viti-
um Simoniae, ficut & quilibet
alius homo, quamvis enim res
Ecclefix lint ejus ut principalis
Difpenfatoris, non tamen lunt
ejus ut Domini 6^ polfelToris.
ht ideo li reciperet pro aliqua
re fpirituali pecumam de re-
ditibus Eccleliae alicu us, non
icareret vitio Simon is, 2i^«^
\2dx. qusflk ICO. art. I.
Injury
174 C)^ EcctESlASTICAt
Injury to any other. But in this Cafe there leems
to be a conliderable Objeftion, which is, That nei-
ther GOD nor Man have leem'd to give their
Conleht to it.
In Fine, John XXI I. was lo intent upon ttikkin^
the moft of every thing, that in the Space of 20
Years he heap'd up an immenle Treaflire : And tho'
he put no more Reftraint upon his Expehces or his
Bounties, than his PredeceiTors, yet he left 25 Mil-
lions at his Death. John VilUrs laith, that in an
Inventory of this Pope's Eilate which his Brbther
made by Order of the facred College, he found
1 8 Millions of coined Money, and 7 Millions va-
lued in Plate and Ingots (4).
. The
C4) PJatma hath Reafon to
fay, at the End of his Life,
that no Pope never left fo
much: And it is obfervable
what Tlatina relates in the Be-
ginning of his Life, that this
Pope declar'd all thofe for He-
reticks, who affirm'd that Jefus
Chrift and his Difciples had no
Property in any Goods.
Ecsj faith hey declaravit per-
tinaces & haereticos, qui affir-
maverunt Chriftum, & ejus dil-
cipulos nil privati vcl proprii
habuifle ; quod certe, adds he
very .pertinently i non multum
cum faflra Iciiptura convenit
qu3e multis in locis teftatur
Chrift urn ejufq; dilcipulos nil
proprii habuille, ut illud Evan-
gelii : Qui non vendiderit om-
nia quse habet, & pauperibus
dederit non poteft meus tK<d
difcipulus. [jhe exprefs IVcrds
tf the Cofpel arC) Omnis exvo-
bis qui non renunciat omnibus
quae pofKdet non poteft eKe
meus difcipulus, Zuas 14.]
It is certain, that John XXIL
knew better, but as a good Ca-
nonift he pretended to be of
this Opinion, the better to efta-
blifh that which made him ab-
folute Mafter of all the Goods
of the Church: "Whereas he is
really no more than the princi-
pal Difpofer of them; as 5ti
I!hof77as Iheweth in the Article I
juil now quotted.
To this Refledion I will add
another, which is, That the
GaUican Church hath never
been more burden'd, nor more
injur'd in its Rights, as to the
Collation of Benefices, than by
the French Popes : Witnets the
Bulls of Clement I¥. V. and
John XXll. reported by the
Author; and what Meier ay
ftith of Ckmnt VIL Pope of
Avignon :
benefices and KeWmies. i^jt^
The Annates at the Time of its Inftitution, were
only paid for the Expedition of Bulls for Benefices,
as they were fill'd up. But afterwards it was laid
on all iuth. Benefices, to be paid every 1 5 Years (c\
as by being annex'd to Monafteries and Holpitals,
were never vacant •, from whence this Tax had the
Name of Quindenmum'*', Taut II. laid it (5) only
on the Benefices united by the Popes, fince the
Year 1417. But Paul IV. extended it to all Benefi-
ces united before that time : And Sixtus V. took in
not only thofe which had been united by the Apo-
ftolick See, but aU fuch as ihould be united by
Legates, Nuncio's, Biiliops and any others.
But to return to the Original ofAmmteSy Thole
who oppos'd this Invention of John XXII. with a
Zeal to hinder its Ipreading farther, did not obtain
their Ends ^ but on the contrary, contributed to
the Defence of them, and to furniih the Popes with
an Oceafion of e'xtending the Impolition yet far-
4:her : Juft as the Oppofition, made alio in thafc
Days, to thQ Refervations, produced the flime Ef-
Avignon: fAll the ExaAions
and Violences^ faith he, in the
Lite of Charles VI. cannot be
xel^ted without Indignation^
which were committed upon
the Clergy, The 36 Cardi-
nals oi Avigncn were f<? many
Tyrants, they had every where
their OfRcers with expecflative
Graces, which fwept away all
the Benefices ; the Offices of
the Cloyiber [Jes offices Claufl-
reux in the Frencl^ the Com-
raanderies retain'd the beft of
thefe, and Ibid the other or
let them to Farm : Clement
himielf, beildes pofTelTing him-
ieif of all the Spoils of the Bi-
Ihops, and of all the Abbots-
that dy'd, and his taking one
Year's Rent of all Benefices on
every change o? theTitulary> .
whether it happen'd by Vacan- '\
cy, Refignation, or Exchange,,
ravaged the GaUican Church b/
an Infinity of Violences aad ■
extraordinary Taxes.
(0 Propterea quod beneficia
unita hujuGnodiampliusvacare
non i'peraretur, & exinde Ca-
mera ik OlHciates fedis A poll,
detrimentum npn modicum pa--
teretur.
* SeeChaptert 4, and 5. di
Annatu in 7. Decretal.
(0 Near the Year 1470,
tea-v
176 Of EcCtESIASTICAjL
fe£t J the Court of Rome never failing to get any
Abufes juftify'd by fiiitable Dodrines*
And therefore BemdiEl XXII. (6\ Succeflbr to
John XXIL under the Affectation of more Care in
providing proper Perfons, and fiich as were every
way fitted for their Charge, referv'd to himlelf,
but for his own Life only, the Difpofal of all the
Benefices vacant in Curiae as had been formerly
pradis'd, as likewile of all vacant by Deprivation,
or Tranflation to other Benefices ^ of all fiich as
were refign'd into the Pope's Hands, of all that
belong'd to Cardinals, Legates, Nuncio's, Officers
of the Court, Treafurers of the Church Eftates,
and to liTch as were carried to Eome upon Bufinefs,
and happen'd to dye either going or coming, about
40 Miles diflant from the Court *, and laftly, of all
Benefices vacant by the Incumbents having taken
another (J).
Thele
{6) James Tournier, Monk
of the Order of Native
of the Diocefs of Pawie^ in
Xanguedoc^ chofen Decemb, 20.
^334- . . ,
Id) Gerimus m noftris de-
fideriis, ut debemus, quod per
noftrse diligentia ftuaium ad
quarum libet Ecclefiarum &
Monafleriorum regimina 6c alia
beneiicia Ecclefiaitica viri af-
fumantur idonei, qui praefint,
& profint — Omnes Fatriar-
chalesArchiepil'. & Epifcopi Ec-
cleiias, & etiam Monafteria,
prioratusj dignitates perfona-
tus, nee non Canonicatus &
praebendas, cseteraq; beneficia
Ecclefiaftica cum cura vel fine
cura, ^c. Nunc apud fedem
Apoftolicam quocunq-, mode
vacantia, & in pofterum vaca-
tura, nee non per depofitionem,
vel privationem, feu tranflatio-
nem, aut muneris confecrationis
fufpenfionem per.fel. rec* Joaft-
nem Fapam XXII. leu ejus
au6t-oritate faAas, & per nos,
feu authoritate noftra faciandas
ubil bet: Nee nonfi — renun-
ciationem admitti per nos, ve I
authoritate noftra contingeret
apud fedem praediftam. Ac
etiam per obitum Cardinalium
& Qflicialium dii^ae fcdis —
& quorumcunq; legsetorumj
ilve nunciorum, ac in terris
Ecclefiae Romanae re<5lortim &
thelaurariorum — nunc vacan-
tia & in antea vacatiira, ubi-
cunq; diftosiegatos vel nuncios,
leu rcftores aut thefaurarios,
antequam
Benefices and Revenues. ijj
Thele Relervatlons fo compreheniive, and which
fo much reftrain'd the Authority of the Ordinaries,
and brought fo many Benefices into the Hands of
Foreigners, yet being declar'd to take Place only
during the Life of this Pope, were let pafs and ad-
mitted. But it was not to be imagined that any
thing once eftabliih'd, by him that has the Power,
a Prince lb much for his Lntereft (^), tho' for ib
ihort a Period, would ever be limited within its
iirft Bounds.
Clement VI. (j) SuccefTor of BencdiEl XII. made
the fame Refervations. This induc'd IdivardlU.
King of England^ who faw all the Benefices of the
Kingdom falling into the Hands of Foreigners, by
means of Refervations and expe^lative Graces, to
forbid, on Pain of Death, any provifional Benefices
made by the Pope, to be receiv'd within his King-
dom. The Pope wrote with great Concern to the
King, defiring him to revoke his Orders. The
King, in Anfwer, befeeclf d him to make a Refbr-
antequam ad Rom. curiam re- 1
dierint, feu venerint, rebus]
Gjcimi coritigerit ad humanis. j
Nee non quorumlibet pro qui-
bufcunq; negotiis ad Rom. cu-
riam venientium, feu etiam re-
cedentium ab eadem, fi in lo-
cis adida curia ultra duas dix-
tas legales non diftantibus, vl^.
\Jn places net dlftant mere than
tivo good Days Journies from
Rome3 jam torfan obierint, vel
eos in antea traniire contigerit
de hac luce — Nee non etiam,
qu:fi per effecutionem quorum-
cunq; prioratuum, dignitatum,
& aliorum beneficiorum colla-
torum, ik conferendorum in
pofterum, nunc vacantia, & in
antea vacatura, diipofidoni ^
proviiioni noftrs> donee jjdih-
rationis divinae dementia nosi
univerlalis Ecclcfia; regimini
prxfidere conceiTerit, relerva-
mus, ^c, TbU Decree is in
January, 1335.
(f ) Qux gravia ac intolleran-
da (ed necsilitate armorum ex-
cufata etiam in pace manlere,
faith Tacitus, Hid. 2. that ii tc
fay,^ The Exaftions ^vero ex-
cus'd as neceffary, during the
VNar, yet they ceas'd not in
Peace. When a Right is once
eftabliili'd, 'tis no longer in the
Power of Subjefts to hinder its
being perpetuated;, and even
encreas'd.
(1) ^eter Roer ArchbifKop
oi' Rdieny Son it the Lord ot
Rcfe in Llmfn,
N
matron
lyS Of Ecclesiastical
mation in Things which were an apparent Difhonoiir
to the Church, and a Scandal to the People : That
the Princes, his Anceftors, had enrich'd the Churches
of England^ which were now fiU'd with Strangers
and unworthy Perlbns, contrary to the Will ot thQ
Tellators : That his Kingdom was lenlibly im-
pair'd every Day, by the Impofitions of the Court
of Rome : That the Popes were certainly delign'd to
feed, and not to fleece the Sheep : That the Kings,
who had heretofore difpos'd all the Benefices, had
fince granted the Eledion to the Clergy at the
Popes Requefl; and now they would {kt thofe
Ele^ions afide, tho' introduced by themfelves, and
uiiirp the Dilpoiition to themfelves : That, finally,
there was a Keceflity of returning to the old Ufage,
which was, That the Princes fhould confer the Be-
nefices themfelves (/).
This Diiference, which lafled during the Life of
this Pope, however brought his SucceiTor Innoc-
ent VI. ("8), to revoke all his Refervations(^^), by a
(/) Cui Papae Rex Angliae
de concilio Cleri, & populi An-
glici refcripfit, quod in concel-
iiones hujus, quas ipfe Papa
faceretj prselertim advenisj, qui
therauros Ecclefix deferrent, ik
in proviiiones Prselaturarum
nullatenus conrentir£t,quIa cum
olim Reges Anglise Ecciefiarum
Patronide confenfu fedis Apo-
ftolicK Capitulis ccncefTerint
eleclionem, 11 Papa padia hu-
juimodi non fervaret, res in
priflinam revefteretur naturam.
Alhertus Argentinenfis/'w Cbrc-
nice, anno 1342.
(8) Stephen of j^ J bert> of the
Count}^ of £h??cfln, Eiftiop of
Clermcnt,
(g) Mortuo Clemente Papa
infra 14 dies eleftus eft concor-
diter Stephanus de Prinu, Cla-
remontenjfisFrancus, qui fuerat
lummus Faenitentiarius Cle-'
mentis^ & Oftienfis Epifcopus,
& vocatus eft Innrcerftius VL
qui in die Epiphanise Domini
poftmoduiVi coronatus ftatim
revocat omne.s Refervationes
faftas per Papam Clemehtem;,
exceptis majoribus prselaturis,
& in omnibus oftendit fe rigi-
dum etiam erga Cardinales. In
eodem Chronico, Anno 1352.
Nauclerus ad anno 1352. voh 2.
jjensratime 46, -
Bull,
Benefices and 'Revenues, 179
Biill, which begun with the Word Tafloralls : Of
this Bull many famous Canonifls maks mention,
the' at this Day it is not extant, any more than
many others^ whereby thole Abuies and Uliarpa-
tions would have been laid open : As by the lame
Arts, the GlolTes or Interpretations have been rob-
bed of every thing that made not for the Pretenfions
of the Court of Rome, But the Indices Exfurga-
torii (9), carry yet a much worle FacC;, which were
made
(9) The Churchmen, iaith
our Author, in his Treatile of
the Inqui/ition, have callrated
all the valuable Books, and lup-
prefs'd every thing which might
lerve for Defence of the tempo-
ral Authority.
In the Year 1607. a Book was
printed at Rome, call'd Jn^ex
Expurgatorim, in which all the
guilty Places were mark'd and
condemned, as deferving to be
cut out of certain Authors :
Which make it difcernable at
the Inftant, which are the Paf
fages which have been changed
or iupprefs*d infeveral Authors
of good Reputation, that had
the Misfortune to maintain the
Authority given by God to
Princes.
So that it is not po/Tihle at
this Day to know the Senfe of
one of theie Authors by reading
his Book, there being no other
Edition to be found, than that
which hathbeen io correfted by
the Court of J^twe. But that
which appears of all the moll in-
credible,ij:' it were not to be feen
• in Print is, the Decree made by
C'/cw. Ylll. in the Catalogue o'i
forbidden Bcokf, of the Edition
of the Year 1595. tiiat all the
Books of Catholck Authors,
wrote fmce the Year 1 5 i <; .
fhould be corre£led, not only
by retrenching what was not.
conformable to tile Doctrine cf
the Church, but alfo by adding
what ihould be judged proper.
i^In libris Catholicorum recen-
tiorum qui pod annum Chri-
ftianse fa utis i^i'). conicripti
fmt, ii id quod corrigendum
occurrit paucis demptis, aut
additis emend ari poll'e videa-
tur, id correctores ac'endum
curent, fm minus, omnino de-
!eatur. \_De crretVontfUbrorum:,
§3.3 And tho' it is but fix
Years, laith be, fince this Pre-
cept hath been publilh'd, yet it
hath conilantly been put in Prac-
tice for thele 70 Years. Ifthere-
fore the trueDc(5lrine con.cenfmg
the Authority of Princes, be r.d
longer to be met with in Books,
but another altogether in Fa-
vour of the Church -men, we
know v.'hohath taken away the
one, and fubllituted the otbet
in its Room. Finally, we may
reft fatisry'dj thjt we have no
1^ 2 Book
l8o Of ECCLESIASTIGAI.
made hy the Doftors of the Church, fubfervient to
that Church, of all Books *, in order to accomodiate
tlicm to its own Interefts, before they were fuffer'd
to go abroad.
Some few Years after, the RefeiTations coming
again to be revived, and to gather Strength, the fame
King Edward y m the Year 1 373. lent an AmbafTador
to Pope Gregory XL then at Avignon ^ to prels him
to annixi the Refervations intirely : Which at length,
Book left on this Subjea, ge-
ruin, and conformable to the
Original.
And in the ^. 2. it is faid.
That all Propofitions which are
againfl; Immunities, and Eccle-
fiaftical Jurihdicftion, or which
give Authority to that tyran-
nical Polic}-, which the Secu-
lars fally call Reafon of State.
Expurga?itl€ funt prcpcfdicnes
ofua funt centra Vibcriattmy im-
tnunitatem^ ^ iitrifdiElionem
Eccle[iafllcat?2. Under Colour
of corre<5i:ing or lupprefling thele
Propofitions, they expunge
every thing that makes for the
Interell o^ Princes. Item qux
tyrankam PoUtlam Jovent, ^
quam falfo vocant ratiomm fla--
tus deleantur,
By this way of rcafoning, all
Princes are Tyrants •, for how-
ever juft and religious they are,
there can be no Government
without a Reafon o^^ State,
by
which they aft, and without
which no 'Princes could main-
tain themfelves in their juft
Rights. Thus Fra. Paolo hath
good Reafon to fay, in lib, 6.
Cone, Innt^ [That the Court
of "Eiotne never found a more
valuable Secret to make Man-
kind degenerate into Brutes,
than to deprive them of the
Knowledge which is neceffary
to defend them from its Ufur-
pations.]
What therefore muft be the
Confequence, if ourMagiftrates
continue to allow the Church-
men to fupprefs good Books >
The Doftor who hath placed
the Hiftory of the Council of
Trent in the Catalogue of pro-
hibited Books, in the Year
1685. may, perhaps, haveaft-
ed out of great Zeal ; but fome
of the moil able Men of the
Kingdom have been of Opinion,
his Learning was not fuitable
to his Zeal ; And fome have
not fcrupled to fay. That in
doing a ^reat Service to the
Court of Rome, he has done a
great Diirervice to the Crown
of France,
* See Nauclerus in Chronics
vol. 2, gener, 36 CS* 47. Albert
Krant^ hi hi ft, Saxon, lib, 10.
cap.i!^. ^ in hift. Vandal, lib, 9.
cap. 6. ^' Gaguin^ lib, 9. cap. 2,
in Carok Y.
after
Benefices and Revenues i8i
after two Years m Agitation, were, in th^ Year
1375. totally aboliili'd by this Pope.
But a great Schilm arifing in tiie Chiircli upon
his Death, which happened in the Year 1 378. and
produced two Popes, and conlequciitly two Courts,
the neceiTary Expences to liipport them were alio
doubled, to which muft be reckon'd the extraordi-
nary Occalions for prolecuting the War with Ri-
gour againft each other. Thus all hiventions for
railing Money, and fleecing the People, were iht
on Work with freih Vigour (h) : Simony appear'd
no where fb barefaced, the two Courts holding an
open Market for Benefices (0 \ and every ElTay was
made, that was pofhble, to flrip the ordinary Collar,
tors of the Right of prelenting.
Hitherto the Court o^ Rome had not taken off the
Mask, nor had \o avowedly own'd that PaHion ihe
had for Money, and that it v^/as the ultimate End
of all her Anions. She had hitherto condelcended
to give Reafbns for what fhe did, that carried a
(hi) Hgec revera de Romano
Pontificatu altercatio niultis
incommodisjtum alias nationes,
turn gentem GalUcam vexavit.
Nam Cardinales 3oClementIs
caufam lecuti exploratores per
Franciam conftituerant, qui
Ecclefiarum opulentiores pro-
ventus inquirerent quas ReiV
oribus vacuas niox fibi a
Clemente obtinebant. Tulit
quoq; Clemens de vacaturis
Eccleliis legem quam expefta-
tivam gratiam appellabant, qua
ad adipiibendas morte poffeiro-
rumEccIefias fas jufq-, expedanti
per Pontificem deiignato erat,
fo lis ex hac lege Cardinal ibus &
potentioribus virisEcclefise con-
tingebant. Exigebantur prsete-
rea a Clero decimse, & de nia-
joribus Eccleiiis dum Paftore
orbatae erant, primi anni pro-
ventus legebantur. Id annatani
vocant> quam Camerae Apollo-
licse deberi Romani contendunt.
Gaguin, lib. 9. cap, 3 . in Ca^
rclo VL Vide Nic de Ckmangis
de corrupto Ecdefneftatu. cap, 27.
Juvenal, de Urjinis, in the Life
of Charles YI. anno. 1381,
JUen Chart ier and NichoJofGiSes
anno 1385.
(/) Tempore ejus(Bonif. IX.)
valde infamis curia habebatur
de labe Simoniaca, ut beneiicia
non tain meritisquam pecuniam
offerentibus darentur. Nauckr,
in Chrcnios vd. 2, gemr, 47,
anno 1389,
1>I 3 good
l82 Of ECCLESIASTICAJL
good Appearance to the World, either on Pretence
of providing better for the Benefices than the Ordir
naries iiiiially did, or of prefering ibme Perfbn of
particular Merit (k).
But Vrban VI. left it no longer to conje^ure, why-
he concerned himfelf with the Collation of Bene-
fices, when he declared, That no Prefentation
ihonld be good, where the Value (/) was not ex-
prefTed.
Heretofore Benefices were given chiefly for Ipiri-
tual Purpofes, the temporal Part v/as an acceflary
and an accidental Circumllance of Convenience
only, and not of the firft Confideration : But afcer^
wards the fpiritual Part was no more Ipoken of,
nor tliQ Office or Duty any longer regarded, but the
Profits.
(t) Etfi, faitb Clement V.
in temporalium dilpofitione
bonorum habenda fit diicretio-
nis cautela, pr^ecipue ell ut ea
digne ^ laudabllLter dilponatur
in EcJellafbicis tamen rebus
multo ibrtiiis inviiigare noftra
debet intentio, ut juxta perio-
nariim conditiones ik (latus ad
divini nominis lai^em & ipla-
rum utilitatem provideatur ex
merito Eccleriafticis perfonis:
Cum juxta canonicas fanifliones
nil fit quod Ecciefiie Dei magis
officiat, quam quod indigni
alfumantur ad regimen anima-
rum. Extravag, C:mm, I, 3.
iH. de Tr<x:bendis, cap.^.
(I) Item vo'uit quod in
gratiis quas qu'burvis perfonis
de beneficiis vacantibus, leu
certo modo vocaturis^ fieri con-
tigerit, illorum & aliprum
q u o r u m cunq ; beneficio ru m^qu:3e
didse perlbnse tunc obtinuerint.
feu de quibus his fuerit pro-
viilim vel conceffum;> vel man-
datum providere verus annuus
valor per Marcas argenti, aut
Steriingorum, vel libras turo-
nenfium parvorum^, feu florinos
aurl, aut ducatos, vel uncias
auri, leu aliam monetam fecun-
dum communem seftimationem
exprimatur, nifi perlbnae prae-
dictae beneficia, quje tunc oh-
tinuerint, aut in quibuS;, vel ad
j qux jus eis competit, juxta ip-
jiarum obligationes, aut alias
idimittere teneantur, alioquin
jgratise prsedi^ae funt nullge,
iTbis Decretal of Urban is bc-
\cowe a ^ule in Chancery , and if
the 55^/5 of the Rules or Orders
(f the Apifiolirk Chancery^ pub^
Irfoed by Innocent XIX. Vide
Rebuif-I ad Rubric, de Annatis
in Concordatis, & Felin ad
I caput ad aures 8. num. 4. Ex-
tra de ReJcriptis,
Thus
Benefices and Revenues. 183
Thus it ftands at this Day, infomuch that when
Power is given to the Nuncio's to confer fmall Be-
nefices, the Importance of the Cure, that is, whe-
ther they ihall be reputed great or little, is deter-
min'd only by the Value of the Income : And in the
Refervations of the Monafteries, the Spirituals go
for nothing ^ but all the Benefices above the Value
of 200 Crowns are relerv'd, the reft are left at Li-
berty.
By thele Methods the Apoftolick Chamber came
to a jufter Knowledge of the value ofthQjmates(^i6)y
for if two Perlbns happen to obtain the fame Be-
nefice, the Bulls in Favour of him who values it
higheft, ftand good, the others are made void.
Some are apt to call this a letting the Benefices to
publick Outcry, and taking the beft Chapman :
Others fay, that it is only to prevent the Chamber
being defrauded of its Right. But as this is a Con-
lideration more proper for the Annates^ we ihall re-
turn to the unhappy Times of the Schifin we men-
tion'd, which made lb large a Rent in the Church.
(10) This is alfo done, to
oblige thofe who have not ex-
prefs'd the Value to take out
lecond Provifions or Grants,
dearer than the iirft, in order to
. affure themrelves o£ the Bene-
fice.
What would that holy Ei-
ihop of Tournay fay in thefe
Days ? who asking Money of
one' of his Friends to buv Lead
to cover his Church, writ to
him in thefe Terms :
Rogamus & petimus ut ali-
quid de benivoja ik. benefica
liberalitate veftra nobis mittatis,
quo plumbum emamus, non
Romanum, fed Anglicum,
quoniam Anglico pi umbo te-
guntur Eccleflae, nudantur
Romano. Steph, lomacenfiSp
ep, 147. ad Valdstmrum,
N 4
GHAP.
i84- Of Ecclesiastical
CHAP. XXXIX.
NO Man denies, but that the Diforders were
notorious in the Roman Courts on this Oc-
caiion. And that which encrealed them was, that
fome Kingdoms and Countries were 16 Icandaliz'd
with the Variety of Tricks and Shifts they faw
pra^tis'd, that they came at laft to acknowledge
iieither of the Competitors for Pope fi). This put
them upon the Meceflity of an Expedient, not very
endearing to the Subjects, which was, to raife and
levy as much upon thole who continued ftili in their
Obedience, as they could have expeded from all
their Subjefl-s together, had there been no De-
J^eclion.
Germany rcfus'd to liibmit to the Refervations
and ExpeOrative Graces, and the Ordinaries con-
ftantly prelented, without any Regard to the Ror
man Bulls.
On the other Side, Innocent VII. in the Year 1359.
lent a Legate into Germany ^ to grant new Bulls for
certain Sums, to Hich as had come in by Epilcopai
Collation j and alio to compound for the Fruits
O) If" all the Chriftian Prin-
ces had done the famff, without
making themfelves of either
Party, the Schifm which lafted
«;o Years, would not have laft-
ed 50 Weeks : For thole Popes
would not have perfifted in
Aiaintctining a Dignity, where-
by they reaped neither Honour
nor Profit. Every Body knows
the good Effect which the Let-
ters of Subftradion had (which
is a Declaration of withdraw-
ing from Obedience, ^f J which
the King of France publilh'd iM
the Year 1408.
already
Benefices and Revenues. 1S5
already receiv'd (a\ which were quitted and re-
lealed to the hicumbeiits^ on condition of reftoring
a certain part to the Apoftolick Chamber. But as
this would have carried great Sunis out of Germany^
the fem'peror Charles IV. forbad the levying tr em,
laying, It was necelTary to reform the Manners of
the Clergy, not their Purfes.
But all thele Confufions receiv'd a confiderable
Increale, by the Addition of a third PopeCi), in
the Year 1409. to whom tho' France paid Obe-
dience, yet ihe flood firm in maintaining the King's
£dift'(2), made three Years before ^ ^ by which all
Refervations, Annates^ and other Exaftions of thp
Court oiRome were forbid, until they were fettled
by a lawful General Council.
{a) Mifit Innocentius Papa
legatum fuum Epifcopum Cal-
vacenfem pro I'ublidio^Cameraej
& dedit ei poteftatem difpen-
iandi cum Clericis ad beneiicia
curata, vel fine cura ad digni-
tates aut ofRcia quae minus ca-
nonice haberent, aut fuillent
adepti cum fruftibus inde pre-
ceptis. E'rant ibi etiam Saxo-
nise & Bavariae J^uces, voca-
vitq; Imperator legatum, & au-
divit eundem iuper comiffis:
Quo fafto dixit Imperator,
Domine Legate, Papa millit
vos adGermaniam in qua mag-
nam pecuniam corraditis, led
Clero nihil reFormatis. Nauck-
rus In Chronlco, vol. 2. gencrat.
46. anno 1359. Adde Parali-
pomena rerum memorab ilium
Cratonis Milii a«. 1375, ^
Chronicon, Gsrmani muti't, an.
136c. ■
(i) Alexander y, chofen by
the Cardinals, who were Crea-
tures of the two other Popes,
by Virtue of the Subftracftion
ordain'd by the Council of
P//^, after the Example of that
made m France,
(2) The Cardinal de Thury
(faith AdcnftreJet) a contempo-
rary Author) came to Parlfy
and requefted the Council and
the Univerfity there, that they
would raife two Tenths upon
the French Church ; which was
not agreed to, becaulethe Uni-
verfity opposed it in the Name
of all theChurch, and obtained
a Royal Mandate, to all the
Kings Officers, commanding
that w^hoeyer came [^es meBes
de leurs offices^ with fuch and
the like Requefls, fhould be^
expelfd the Kingdom. Zife of
Cha. VI. 1409.
* In the Year 1406,
" This
|86 Of ECCXESIASTICAL
This King being incapable of Government, all
Edifts and At\s of State were iiTued in the Name,
or by the Authority of Lervis Duke o^Orleans^ his
Brother, who had the Government of hiin. # But
tht Duke being kill'd (s)^ it was ealy for Pope
John XXIII. to recover the Collation of Benefices iijt
Franccj by allowing, that the King, the Qiieen, the
Baupliin (4), and all the Houfe of Burgundy ihould
have the Nomination of all thofe confer'd on
their own Servants, on Condition the Pope ihould
liave all the reft. Yet the Court of Rome enjoy'd
this Agreement but to the Death of this King \y for
0oarlesV\\, his Son. renew'dthe Edias(^).
In feveral States and Governments o^ Italy ^ divers
Regulations were alio made, tending all to remedy
thefe Abufes. Baldus teUs us, that even the City of
Bologna^ among divers Provifions of this Kind,
made an Order, That no more Benefices Ihould be
confer d on any but Natives of that City, and of
thQ Territory belonging to it. Nor were the Popes
m thole Days much conlidered ^ a plain Inftance of
which appear'd at Florence^ where ^ohn XXIII. re-
iiding at that Time with his Court, was depriv'd
(3^ By Order of John Duke as alfo the Univerfity. Juvenal
fy^ Burgundy y his Coufin, an.
1407.
(4 j The Archbilhop of Tlja
canie to Farisy lent by Pope
jGh72y to treat about the Ex-
peftative Graces, and Promo-
tions to Prelacies, the Royal
Ordinances being then in Force,
which plac'd the Difpofition of
them in the Ordinaries
The faid Ordinances were an-
null'd- for the King, the Queen,
the Dauphin, had the Nomi-
nation for their own Servants,
Urjinoruwy in the Tear, 1414.
(b) Exniliones pecuniarum,
quas ab aliquibus retroactis
temporibus Curia Romana,
feu CameraApoftoIica, fub prse*
textu vacantium beneficiorum,
aut alias quovis modo & colore
prsemilforum applicar. voluit,
penitus cefTabunt. Thts Ordi'
nance bears Date Apri] igth,
1 418, and if repcrted in the
Ccnference of Ordinances^ lib. I.
tit. 3. part 2. §. 3;
for
B^yi^fices and Revenues. 1S7
for five Years of the Collation of Benefices in that
State, upon a Diibrder occafion'd by that Pope's .
prefenting to a Benefice (c).
It was to that Age the Court of Rome was behol-
ding for fliventionsj fo refin'd and fo ferviceable to
her, of Claufes inlerted in Bulls which were perplex-
ing and inextricable, dillingniil-iing betwixt the Pe-
titions or Requells fign'd Conceffum^ and the others
lign'd Fiat (5) : And betwixt thofe Bulls difpatch'd
with the Claufe Motu proprioy and thofe with the
Clauie Ameferri (6) , which laft gives the Prefe^.
rence, and makes the Condition more advanta-
gious.
From
(c) Fiorentini propter uni-
cum abufum a Papa commif-
fum ipi conferendo unam Ab-
batiam fitam in eorum ditione
privaverunt Joannem XXIII.
Papam in eorum civitata tunc
dcgentem, poteftate conterendi
beneiicia in eorum ditione fita
ufq; ad quinquennium. MoVm,
in notis ad Senatu't'ConfuUum
centra abufus Pap.
(<)) The Difterence betwixt
the .Petitions fign'd Concejfum^
and thofe wherein the Pope
fays,^ fiat ut petitur, is. That
thele latter always grant lb me
Grace, and are fign'd with the
firft Letter of the Pope's Chri-
ftian Name, and with his own
Hand, betwixt the Petition and
the Claufes ; whereas the others
are fign'd only by the Officer
o'i t\\Q Concejjumy in this Form,
Concejj'um ut petitur in prcefentia
Domini ncftri Pap^y with the
iirft Letter of his Name, and
his Surname betwixt the Peti^
tion and the Claufes : And the
Ccncsjfum on the Sides of the
Claules, with the two capital
Letters of his Names. See the
34th Rule of Chancery.
(6) All thefe Kubricks be-
gan under the Pontificates of
Boniface IX. Pope at Romsy
and of Benedict XL Pope at
Avignon,
Charles du Al'olin, ^ in his
Notes upon the Edidt, fet forth
anno 1406. againft the Exadi-
ons o^ the Court of RomCi faith,
Benediaus XIIL multas valde
anomalas & exorbitantes bene-
ficiales & alias gratias, pecunis
emungendx gratia, faciebat, fe-
quendo in hoc Bonifaciam IX,
impium Corrivalem fuum, qui
adeo SimonemMagumimitatus
eil, ut morientibus Cardinali-
bus, qui Simoniam oderant
fummopere Isetaretur, velut li-
beras habenas habere incipiens
ad Simoniam publice exercen-
dam. Plus ofierenti indifcri-
minatim
i88 Of Ecclesiastical
From hence it followed, that many Bulls were ob-
.tain' d for tJie lame Benefice, which, beiides the j4n^
nates being miiltiply'd by this means, produced
Law-Suits, and thele were to be carry 'd on at Rome^
to tiie great Advantage of that Court, ♦o which
was added another Improvement, which refin'd
again extreamly upon thefe hiventions, this was.
That if one of the Parties happened to die, another
Litigant was fiibllituted, that th^ Caufe might not
die with him ^ hut that from his Death another
Annate might arife, by wJiich the LaWrSuits were
perpetuated, and in fome Ibrt made immortaL
Thele gave Rile again to the Claules Si alteri^ Si
neutriy Si nulU : By which, while the Benefice was
given to a third Perlbn, the Suit however went on,
and was happily prelerv'd betwixt the two firil.
To remedy therefore thefe Dilbrders and Cor-
ruptions, and to put a Stop to thele wretched Liti-
gations among their Subjects, Princes were oblig'd
to fix the Right of PolTefllon to Benefices, by refto-
ring the Cognizance of the Beneficiary Rights to
the Secular Power ^ a Right, which however clear
in itlelf, the Ecclefiallicks had ufurp'd(7) by the
Connivance of the Princes themfelves.
But
mlnatim vendebat prioritates
datarum. Et hsec jViercimonia
palam in Cuiia multis annis
exercuit. Et adhuc priores
Mercatores eludebat inventa
Claufula, Anteferri pro 25 flo-
renis ; & hos rurfus per prero-
gativum Antelationis pro 50
ducatis, iixis etiam multis rt-
gulis Cancellariae quas pretio
refigeret;, ut late fcribit Thco-
doricus a Niem, qui illis prae-
fens adfuit, Jib, 2, ca^* 6, ^ fe^.
(j) The Parliament of ParUy
which was in part compos'd of
Counfellors that were Clergy-
rnen [CounceiUers Ckres~\ con-
tributed much to the Diminu-
tion of the Authority of the
Ecclefiaftical Judges.
Item Jurifdicftio temporali$
per fpiritualem non debet im-
pedire, & li contra fiat. Curia
prsefens confuevit compellere
I'piritualem ad removendumim-
pediojentH talia per captionem
I'us
Benefices and Revenues, 189
But the Regulations made by them againfl all thele
Innovations in their Dominions, lerv'd but to
iharpen the Induftry of the Court of Rome, to find
out other Expedients, which might: have the lame
EfFed, under other Pretexts •, as well as to Hipply,
by a Multiplication of new Rights, their Defed of
Power in Matters, wherein the Interpoiition of
Princes had reftrain'd them.
fuse temporalitatis. Ita di<^U!ii
fuitperArreftam Curi^ inPar-
Uamento anni 1327. contra E-
pifcopum Rhemenfem pro Ca-
pitulo di6ix Ecclefise. Cap. 29.
parth I. St}U CurU Farliam,
CHAP. XL.
IT was in thefe Days that Relignations alfb ap-
peared in the World, not fuch as were juftihable,
and made upon good Grounds, for luch indeed
were of very great Antic|iiity, but others of a very
different Nature, and which the World, at this
Day, by no means approves. It never was alio v/d
to Church-men to quit the Cure that had been al-
iign'd them, whenever they pleated : For it was
highly reafonable, that whoever had undertaken u
Charge, and had receiv'd his Recompenfe- for iti,
which is the Benefice, fhould continue to perform.
Neverthelefs, feeing a Cale might h.^ppcn, ui
which it might be neceilary, or at leafl reafonable
(0 Can.fiquivero. Can.fi ; q. i. Can. Sandlrorum 70, dift.
quis Presbiter. & Can. EpiCco- 1 Et Yrolar. not. ep. 1 2 t .
pum7. q, i» Can, Clericus2i.l
and
190 Of EcCJLESIASTICAt
and expedient for a. Publkk or a private Coniidera-
tion, that a Man ihould quit his Benefice : From
thence came the Praftice, that a Man might, with
thQ Permiflion of his Superiors (2)^ for ibme law-
ful Caule, renounce. The Caufes that were then
allowed to be fo, were hifirmities either of Mind or
Body, old Age (3), or the Danger in refiding in a
Place, where a Man happened to have powerflil
Enemies.
AfToon as the Renunciation was receiv'd by the
Biihop, the Benefice was efteem'd vacant (a)^ and
the Collator, confer'd it in the lame Forms as if
it had been vacant by Death.
At laft thefe Renunciations came to be praO:is'd
for no luch urgent Caufes, but it grew to be a liif-
ficient Caufe, if the Renouncer had a Mind to re-
iign it to one of his own Nomination (b'). And as
a
(2) Vide cap. 4. extra de re-
nunciatione.
(3) Vide cap. 10. extra de
renunciatione.
(a) De Presbyter o, qui Ec-
clefiam quam regebat nulla co-
gente neceilltate in manu tua
refutavit, & per manum Lai-
corum cubile fponiae, qua fe
indignum, vel quam fe indig-
nam, refutando judicavit, cona-
tur afcendere^ hoc fraternitati
fuse refpondeo, quia juftum eft,
ut in judicio, quod de fe judi-
cavitj permaneat, & fponfam,
ijunm repudiavit, viventefra-
tre, qui ei legitime incardina-
tus eft, adulterare non praefu-
mat. Tup. Car. not. ep. 131. v^^^
cap. -:>. extra, derenimciat.
(b) Balfamcn on the 76 Canon
\_d:s Apcjires^ faith , that an an-
cient Bilhop having a mind to
refign his Bilhoprick to one of
his Friends, the Affembly of
Biftiops would not admit his
Refignation. The Pallage is
here tranflated into Latin which
Janus a Cofla is very remark-
able.
Tu autem die, quod etiamll
non ad fuum cognatum Epifco-
pus Epifcopatum tranfmiferit,
fed ad alienum, idem erit, Epif-
copos enim a Synodis £eri de-
cretum eft. Et ideo etiam vita
fun(fl:us ille urbis Philippi Me-
tropolitanus maximus fuse Me-
tropoli fub hac conditione re-
nuncians, fi ejus Oeconomum
urbis Philippi Metropolitanum
pro fe ipfo lancfta Synodus con-
ftitueret, non eft exau^itus, led
exaudiit, quod fi res quas poft
eieftionem ex Ec^clefJse reditibus
acquiret, non poteft dare, vel
Benefices and Revenues. 191
a iiew Thing requlr'd a new Name, it was calFd
Refignatio ad favorem ; because it was in his Favoiir
only, to whom the Refignation was made, and ia
order to bring him into the Benefice, The Supe-
rior indeed is at Liberty to admit the Reniinciatioii
or not, but he camiot admit it, without giving ti^
Benefice to the Perlbn nam'd by the Renouncer.
This fort of Reiignation, tho' it were a plain
way to introduce hereditary Succeiiion into Bene-
fices, and therefore prejudicial to the Eccleiiallical
Order, yet it turned to the Advantage of the Court
01 Eome^ as it made Collations of Benefices more
frequent, which produced more Annates. Avarice
and ocher worldly Alu:d:ions having wrought upon
the Frailties of many Perfbns, to follicit and f.ike
Benefices, not with Intention to keep them aUyays,
but only until a better fell, or upon the Credit of
Hich Preferment, to treat with m.ore Advantage
upon Ibme Marriage, or other important Change
of Condition ^ or to keep it for fome Child, who
was not come to Age : A Pra^ilice, which among
pious Men hath ever been iield inexcufible. It is a
receiv'd Opinion, that whoever takes a Benefice with
Defign to renounce it, cannot in Confcience receive
the Fruits : Which Ibme again of larger Confciences
affirm not generally of all, but only of iuch as re-
ceive the Profit;;, tho' they defign to quit thf: Ec-
clefiaftical Orders; And feeing Refignations- ki-
favorem redounded to^ his Profit, through wli'e-ic
Hands they were to pafs, the Court of Rorae^ to
engrofs tf^m all, forbad the Bifliops to receive any-
liich Refignatioris, refcrving this Right wholly to
^idquosvultti'anfmitterejnulto | 52. CcnnL Ccrthag. ^ 23 >^.';-
magis Epifcopatum, f^uU Can,, ' ineh, ^ ca>h I7> atuf^'J* q- i»
the
1^2 Of ECCLESIASTICAI.
the Pope (4.). But becaufe many Incumbents, when
they drew near their Ends, took this Courle of
appointing themfelves a SuccefTor, a Rule was made
in the Roman Chancery, That no Refignation ad
favorem, made by a lick Incumbent, fliould be va-
lid, unleJs he Hv'd 20 Days after the Relignation
had been accepted (c)*
(4) According to the Cano-
nifts;> there being none but he^
who can exempt from Simony.
See the Gloff. ad cap, 4. extra
departs verbo illkitce ad cap. 12.
de officio dekg. verbo^, dimittere.
{c) Item voluit quod flquis
inlirmitate conftitutus refigna-
verit aliquod beneficium five
fimpliciter;, five ex caula per-
iliutationis, ^ poftea infra vi-
gir.ti dies a dieper ipfum reiig-
nanteinpraeftandiconrenfus com-
putandos, de ipfa iniirmitate,
ac ipfum beneficium conferatur
per refignationem faiftam, col-
latio hujufmodi nulla fitj, ip-
iiimq*, beneficium per obitum
vocarecenfeatur. This Rule U
the I (^th of the Roman Chancery,
Vide du Molin ad banc reg.
num.63.
CHAP. XLL
WHILST the holy War lafted, or there
were any Hopes of its revivng, the Pre-
tence of fo pious a Defign was a large and conftant
Channel of Wealth to the Churchmen : But the
Oiferings of devout People ceaied with thefe Hopes :
And this Spring of Devotion being dried up. In-
dulgences, and Remifiions of Sins were thought of
in their Room ^ to be beilow'd on thofe, who
ihoiild conrribute with their Purfes to ibme Work
of Piety : And every Day new Woiks of tJiis kind,
were let on Foot through every City ^ in Return to
which, Rome granted her Indulgences, from ^whence
great Profit redounded to the Clergy, and to this
Court, who reap'd its Share. And this Matter was
carried
Benefices and 'Revenues. ic^^
carried io high, that every one knows the Changes
(i) which were wrought by thefe Indulgences, in
Germany y from the Year 1 5 1 7.
In our Times Pope Fius V. made a Conftitution,
by which he annul'd all tht Indulgences, granted
with the Claule of Manus adjutrlces (2) : That is to
fay, with a Condition of paying Money. Yet this
hath not been able to put a Stop to fo gainful a
Traffick as thefe Induigencies aitbrded. For tho'
they are now granted without any fuch Condition,
yet there are placed in the Entries of the Churches
little Boxes, to provoke the People's Charity ^ the
Sight of which is a tacite demanding, where they
are perfuaded they cannot be laved without giving.
(1) The Schifm of Martin
Luther.
(2) Omnes &fingulasindul-
gentias, etiam perpetuas
psrquofcunq; Romanos Ponti-
iices prsedecelTores noftros, ac
etiam nos, Tub quibufcunq; te-
noribus, & formis, ac cum qui-
bulVis claululis & decretis, ac
ex quibufvis etiam urgent! fli-
mis caufis, etiam caufa redemp-
tionis captivoriim, & alias quo-
modolibet conceflas ; pre qui-
bus ccnlequendis manus lunt
porrigendse adjutrices, (lie quse
qujefluandi tacultatem quomc-
dolibet continent - - authoritats
Apoftolica, tenore prsientium,
perpetub revocamus, caHamus,
irritamus, & annullamus, ac
viribus vacuamus. 7 JDscretaL
tit, 15. cab, I.
o
CHAP,
194- Of Ecclesiastical
CHAP. XLII.
T^ H E Times of Schifm we mention'd, feem'd
to put a Period alio to any Hopes in the
Churches of acquiring any more real Eftates, or
cncrealing their Revenues. The Monks had now
no longer the Reputation of Holinefs and Striftnefs
of Life, they had formerly maintain'd : And the
fervent Zeal, which had appear'd fo univerfal on
Occafions of the Croilado s, was not only cool'd,
but wholly extinguifli'd. The Fryers-Mendicants
only, who were all inflituted fmce the Year 1 200.
had therefore fome Credit left in the World, be-
caule they had parted with their Capacity of ac-
quiring real Eftates, and were under a Vow of li-
ving upon Oblations and Alms only : So that the
Belief was not ill grounded, that their Acquilitions
of real and fix'd Eftates would have ended here.
But the Prerogative of the Apoftolick See was a
iealbnable Expedient at H^md, to aid them in this
Exigence ^ by Virtue of which, a Power was gran-
ted to this Order, of acquiring real Eilates ^ tho'
both by their Vow and Inflitution it was forbid :
And as they had many Friends, who were greatly
devoted to their Order, and had great Inclinations
to enrich them, if it had been prafticable, no Iboner
law this Way open to their Bounty, but the Con-
vents of thele Mendicants in Italy y Spainy and other
Countries, became, in a Hiort time, very liifficiently
endow'd with real Eftates.
Fra?jce alone opposed this Innovation, faying.
That feeing they came into that Kingdom in^der
thQ Pro felfion of Poverty, they ought to perlevere
in it : Neither have they Iiitherto ever been fiiffer' d
to
Benefices and Revenues. 195
to acquire Eftates there (i) : Whereas in otiier
Places they had made very conliderable Improve-
ments, particularly in thofe times of Schilm, when
all the reft of the Clerical Order were very low in
In the Council of Conftance th.Q Schilhi was ex-
tinguiih'd, by one of the Popes having renounced ( 2 j,
and the two others having been depos'd (3 j) : And
in the Year 1417. Martin V. ('4) was elected Pope
by the general Council.
Great Hopes were entertained^ that the Council
and the Pope together, . the two moft powerful
Concurrents upon Earth, would have gladly united
in the Rem.edy of fo many Abufes as had crept into
the Dilpenflition of Benefices. And in Effect the
Council propos'd to the Pope the Reformation of a
Train of Diftempers, which would have employed
the skilfulleft Hands, namely, Relervations, Avnates^
Expc^lative Graces, Commmd-imsy and Collarior.s.
But the new Pope and his Court, whole Defire of
( i) The Parliament of VarU-,
faith he, towards the End of
his Council of Trent^ did not
approve the Decree which al-
lowed Mendicants to poflefs
real Eilates, alledging that this
Order having been receiv'd in
France^ under a very different
Inftitution, it was not juft to
allow them on other Terms;
Intered:, and who . do every-
thing for Charity, and after
they have got a Stock of Repu-
tation, the Court diipenleth
with their Vow, and puts it in
their Power to enrich them-
felves. See the Conference of
Ordinances, Ziv, i. tit. 0,
part 2 c, 2. § 'J.
( 2} ,7r^« XXIII. after he had
and that it was an Artifice in I. fled from the Council, and
the Court of Ro»7e, to draw to ' '
themlelves the Eftates of the
Laity: Firll, in luffering the
Monks to gain Credit in tlie
World, by the fpecious Vow
of Poverty, which made them
be regarded as People void of took the Name
O 2
h-en brought back again, and
depcs'd.
(3) Grocery XII. and Ber^^d.-i}
XUI.
(4) Otbp Cohtmna created on
St. Martina Eve, ^vhe^xe he
b€:ng
196 Of Ecclesiastical
being at Rome{-^) was llronger than that of any Re-
formation ; meeting with the fame Impatience in
all the Fathers of the Council, who were wearied
with the long Ablence from their own Houles,
made Way for the Refolution which was eaiily
agreed to, of adjourning the Dilcuffion of 16 knotty
an Affair, and of ib mucJi Length to a future Coun-
cil ; which was intimated to be intended to be held
at Tavlay five Years after, and fo that Council broke
up.
The French not being willing to ftay fb long as
the next Council, .a Decree was made in the Parlia-
ment ofParlsy that no Obedience fhould be paid to
this Pope, unlefs he iirft admitted and acknowledged
the King's Edid ^6), which fupprefs'd the Relerva-
tions, and the Exactions of Money in France, And
wiien MdYtin lent a Nuncio into France^ to give the
King notice of his Election, the King made anfwer,
he would acknowledge the Pope on Condition, that
the elective Benefices fhould be conferred by Electi-
on, and the Refervations and ExpeO:atives be abo-
liih'd.
The Pope agreed to it for that time, but having
gain'd fome Members of the Univerfity to his
Party, in the Year 142Z. he attempted to make the
Refervations be again receiv'd. However he faii'd
in the Attempt, and they proceeded to Imprifon-
ment of all his Adherents (7) : And upon his put-
(5) Both the Pops and his
Court were equally apprehen-
live, that the Council Ihould
meddle too much in Affairs,
and p.netrate too far into the
Secrets of the Papal Miniftry.
The Council was doled A]>ril
22, anm 1418. after having
continued three Years and a
half.
(6) 0£ April 13, 1418. Sec
the Conference of Ordinances,
ZiL T. tit. 3. part 2. §^ CS" 4.
(7) TheReftor of the Uni-
verfity, and divers others of
the Members or Fellows.
ting
Benefices and 'Revenues. 197
ting the City of Lyons under Interdi£lion (8), the
Parliament forbad Obedience to it.
Thus the Dilpute lafted till the Year 1424. when
Matters were comproniisM betwixt them, and they
came to an Agreement, That his Holinels ihonld
admit all the Collations made before the Agreement,
for good 5 and all his Mandates for the future fhould
be receiv'd. But the Attorney and Advocat-Gene-
rals, with many of the great Men, oppos'd the
Execution of it, and reprefcnted the Prejudice it
would be to the Kingdom, ib effectually, that the
Agreement vaniih'd.
(8) Becaufe that City obey 'd i
the King's Edia. '
CHAP. XLIII.
WHILE thefe things were afting, the Coun-
cil of Pavla open'^ (i), which was loon afl
ter remov'd to Siema (2), and foon after that li-
nifad there (3) with great Expedition ^ no Affair
of Moment having been tranfafted there, only great
Expectations given, that the Council which was to
be held at Bafi feven Years after that, ihould make
a thorough Reformation.
(0 Towards the End of the
Year of 1423.
(2) Becaufe none were pre-
fent at the firft opening tills
Council, but the i'ope's Nun-
cio's, and two Abbots, in all
fix Perlbns.
Cb) For he was under great
Apprehenfions of being depos'd
by a Council, as '^ohn XXIIl.
his Pred^celFor had been.
O 3
About
198 Of Ecclesiastical
About the End of thole feveii Y^ars Pop^ Martin
died, to whom fiicceeded Eugene IV. (4). During
whole Reign, in the Year 1431. the Council of
Bafil at Jail took in hand the Reformations, lb ne-
ceffary and fo long wanted, of Abuies in the Col-
lation of Benefices. All Relervations were prohi-
bited, except of thole Benefices, which were vacant
in Curia : And the Expe6tatives, the Annates^ with
all the Equipage of that Kind, and other Exadions
peculiar to that Court aboliili'd.
The Pope finding fuch a Check given to his Power,
and luch important Branches of his Revenue cut off,
let himlelf to crols the Mealiires of the Council ^
and firll tried to get it remov'd to lome other Place,
where he might have the Prelates more at Com-
mand. But they were too powerful to let this De-
fign take place, and after many Iharp Contells
betwixt the Pope and the Council, which pious
Men, by interpofing Day after Day, had hi-
tlierto found fome means of compromifing. At
la ft, there was no avoiding an irreconcilable Breach,
the Council flood firm to the Refolution of putting
a final Stop to thele Exactions, and the Pope to main-
rain his Authority and Revenues. The Pope dilbl-
ved the Council j the Council depriv'd the Pope (7),
(^) Gahrkl Ondolmero, Ne-
phew and Creature ofGrfg'.XII
depos'd i<i'^.
(<,) Open'd.7«/>'23, 1431.
(6) He would have had it at
Boh^nay a City in the Eccle-
{landing betwixt the Pope and
the Fathers of this holy AfTem-
bly, fpr if on their Side they
made appear their Defign, to
put a Bridle on his Authority,
by maintaining ftrenuoufly the
fiaft'ick State. In 1438. he re- ' ancient Rule, that the Council
mov'd it to Ferrara^ and in is above the Pope : He Ihew'd
i4^g, to Florence* I himfelf no lefs concerned to
(7) Ade?eray(i{ith) there never htive them feparated, I/j t'hs
|iad bsena perfe«flgood Under- Life c/ Charles VII.
and
Benefices and Revenues 199
and chofe another (8). This bred another Schilm
in the Church. France and Germany receiv'd the
Decrees of this Council : And in the Year 1438.
the famous Pragmatick (9) was publiih'd in Frafice^
which reftor'd the Eleftions to the Chapters, the
Collations to the Ordinaries, and aboliih'd the Re-
fervations : In which it purfu'd tiie Steps of the
Council of BafiL
(8; Amadeus y\\\,DMkco^
Savcyy who had refign'd his
Dominions to his Son, to turn
Hermit, yet quitted his Her-
mitage again to be Pope. He
wasele«fted in the Year 1439.
and owned by France:^ Germany
and the greateft Part o£ the
"Wefl:, till the Death of Eugene,
After which the Princes tak-
ing part with Nicb:I^ V. he
was induced, part by Entrea-
ties, part b}' TVicnaces, to con-
fent to the Re-union of the
Church, and to renounce the
Pontificate, which he accor-
ding!}'did in the Year 1449. in
the fame Council, which he had
remov'd from Bafil to Laufan
in Switzerland. After which,
the Fathers confirmed the E-
leftion of Nicholas, made two
Years before, at Rome, by the
Cardinals of Eugene's Party.
Amadeus had taken the Name
ofFd//'x V.
(g) Aii'ierny calls it the Bul-
wark oi' the Qallican Church.
CHAP. XLIV.
IN Italj/y where this Council never was receiv'd,
and the Adiierence to the Pope was very gene-
ral, the Relervations had taken deeper Root. Every
Pope renewing them with Eale, and introducing
new Pretenfions and Impofitions, and fhewing no
Inllance of Mitigation in the Pvigour of any of
them, except where fome Expedient had been found
to work the lame Elie£l an eafier v/ay.
But this Invention feem'd to be brought to its
higheft Perfection under the Popes Julian II. and
O 4 Leo
aoo Of Ecclesiastical
Z.fo X. who firft introduced Mental Refervations,
caird alfo Refervations inTeEiore (i) h ^^^^ who, un-
der the Privilege of keeping their lecret Thoughts
to themfelves, us'd not to declare them in the ordi-
nary Gourfe of other Refervations, nor were they
ever known till the Ordinary came to confer a Bene-
fice, or fome Candidate tp ask it ^ when it was an*
fvver'd by the Datary, that the Pope had referv'd it
mentally (2) : So grofs a Delufion lafted fome Years,
Jiowever it fell after into Difufe (3), having prov'd
ufelels and inconvenient even to thofe who firft con^
triv'd it (4).
Other Methods were alio flrain'd, and carry'd
to the iitmoft Pitch they would bear. For to the
Reiignations in Favor em^ which were already 16
well el^abliih'd, another Abufe was added, which
was to refign only the Title of the Benefice, and
to referve all the Profits to the Refigner. By which
means the Benefice really remain'd in the fame
Hands as before, the Refignation having no other
Effe£l, but to appoint a Succefibr, who in Truth
was only the Titular, but had nothing to receive
out of the Benefice, until the Death of the Re-
iigncr. And that the Titular might not come in-
to Poilefijon of any thing by the Pretence of ga-
thering the Profits himfelf, and paying them again
rU That is to fay, known
only to himlelf:
('^) John Sware\, Bijfhop of
Coiwbria in Portujjah arg?iing
-n the Council of Trent upon
the Mental Prefer vatlons, call'd
them Robberies^ and faid it was
lifli'd, which might therefore
be reafonably imagin'd, not to
have been born till the Vacancy
happen'd. Fra, Paolo Hifi, cf
Counc, i//' Trent, lib, 8.
(7,) The Refervations were
forbid by the Council of Trent,
better to leave the Collation of | C^«;>. 19. of the ReforrnUion
-'til Benefices to the Pope, than ' of the SelTion 24.
to fuflper him to kt his ownj (^\) Vvho had to bear with
Price upon his own Thought all the Repulfes and Oppofitions
-ot communicated, not pub^ from the ordinary Collators.
to
Benefices and Revenues. aoi
to the Reiinger, it was provided, that not only all
the Profits ihould be referv'd to the Religner, but
a Power to him like wife to levy them by his own
Authority.
Thus the Refignerdiffer'd in nothing ftill from be-
ing as much the Incumbent and Owner of the Bene-
fice as before, except in cale the Titular died before
him J and then tho' he remain'd in PofTcilion of all
the Profits, yet he had no Right to appoint himfelf
a Succeflbr : So that the Collator might confer the
Title on whom he thought fit ihould fucceed to the
Benefice, afi:er the Death of the Refigner. But the
Court of Rome fail'd not alfb to find an excellent
Expedient for this, which was, the Regrefs Cs^.
('j) That is to fay. The Re-j
turn.
CHAP. XLV.
IN the primitive Times of the Church, there
was a pious and laudable Cuftoni, that who-
ever had one Cure affign'd him, never quitted his
Charge for a richer (a) or more honourable : Every
Man prefiiming, that to perform his Duty as he
ought, would take up all his Faculties.
(a) Siqu'S Epiicopus, fakb
St, Leon, civitatis fuae medio-
critate delpefta, adminiftratio-
nem loci celebrioris ambierit,
& ad majorem fe plebem tranl-
tulerit, a Cathreda quidem pel-
letur aliena fed carebit & pro-
pria, ut nee illis prsefideat, quos
per avaritiam concupivit, nee
iftis quos per fuperbiam fprevit.
Suis igitur terminis contentus
fit quifq; nee fupra menfuram
juris fui aflFeftet augeri. Ep, 12,
adAnafl. Theffalm. Ep. cap, 8.
vide Can, 3 i, 32, ^ 43« ^^^f'^
7. ^. I.
But
201 Of Ecclesiastical
But fbiTietimes the Superior, when Ibme great
Charge was vacant, for want of a Perfbn equal to
it, would find a Neceffity of tranflating lome Man
of Merit, who was employ 'd in a lefs ^ : And this
was aTranflation(i) became afterwards fo fought
after, either for the Convenience or the Profit, that
as unufiial as it had been, it became very frequent.
Then the Ambition and Sollicitude of riling higher
grew fo prevalent, that oftentimes a Man wovild
quit a Benefice he had in PoiTeilion, to fbllicite for
another, and eonlequently lofl them both, v/hen
the Grant of the laft prov'd faulty.
To remedy which inconvenience, a Ciiflom pre-
vaii'd, which grew to Iiave the Force of a Law,
that if the lecond Grant iliould not fl:and good, the
Man that was \'o unfortunate, might without Ce-
remony, return to his firfl (h) : And this was call'd
the Regrels.
In Imitation of this Example, the Religner had a
Power granted, in Cafe the appointed SnccefTor
died, or renounced again his Title, of returning to
his refign'd Benefice, and by his own Authority
take Poi'feilion a-nev/, without any Ceremony, ^s
if he had never refign'd it. And in cafe he had re-
See tlie Canon, Mutctthn^s pri^bendam fuam ei ficut pro-
34, and the Canon, Seres 35
Calif, J, q. I.
CO It began to be frequent
under Pope Urban III. See
cap, 3^7. extra dc rerum per-
tnutaticnt.
(b) Intellexiaius G. Cano-
nI:o ref-erente quod cum iple
i\ L. Clericusde permutatio
milerat no'uit riiignare. Cum
igitur deceptisj & non decipen-
tibus jura fuccurrunt, licet ipfi
de jure non poffent Ecdefiaftica
beneficia pc^rmutare, ut tamen
limplicitati venia tribuatyr,
mandamus quatenus fi conllite-
rit prsetaxatum G. talker tuilTc
deceptum, amoto a pr?ebenda.
re Prsebendarum fuarum inter jfua conlanguinco ipiiusX. vel
fj tra^tarc csepiflent tandem ; quolibet alio illi cito dctentore,
idem L, Przebeim ejufdem G. ; earn reditu! faciatls eidem.
cuidam conlanguinco afli^rjata 'C^/;. S. extra de rerum psrrj7ut,
fign d
B^nejices and Revenues, ao^
iign'd before he had been in Poffeffion (m whxh.
Cafe the Regreis could take no placej he was im-
power'd to take PoiTeflion by Accels and Ingref3(2) -,
and this by his own Authority likewife,- and with-
out any Recourfe to the Magiftrate : This was
call'd the Regrefs. Yet the Pope hath always re-
ferv'd to himielf the fble Power, without ever al-
lowing any Share of it to any other, of receiving
and admitting Relignations made on thefe Conditi-
ons, and of giving the Title to the Relignee,
with Obligation to perform them.
As this Invention was generally condemned by all
the Writers, particularly by the Univerfities of
France^ and actually prohibited by the Parliament
0*1 Paris y that there could not be found any Ipecious
Pretexts in all Antiquity to juftify it ^ fo there were
thofe, who were both ailiamM, and made a Scruple
of Conlcience to make ufe of it : For whole Satil^
fadion another Expedient was found, which took
its Rile from great Antiquity, but according to Cu-
Horn adapted to the preient Occafions. This was
the Coadjutorfliip.
(2) That is to fay. As entring I
the ^rft tune into the Benejice. '
CHAP.
204 Of ECCLESIASTICAX
CHAP. XLVI.
THERE was a very ancient and excellent
Practice in the Churches, That when a Pre-
late, or other Minifter of the Church, was be-
come incapable through Age, Infirmity of Mind
or Body, or other Impediment, to execute his
Charge, himfelf chofe an Afliftant ; or the Supe-
rior appointed him one, to iliare the Burden of the
Employment. But the Coajutor had nothing to do
with the Office or Benefice, any longer than during
the Life of the Incumbent (a) ^ at whole Death a
new titular Incumbent was made. This was a Me-
thod always approved, and to which there never
was any Oppolltion.
Afterwards it coming to be confider'd, that if
the Coajutor v/ere made to ilicceed, it would have
the Conlequence of making him more diligent in
{a) By the Canon, i8. cauf. 7.
^. i.of PbpePe/«?^i«j, towards
the Year 559. it appears, that
thefe Coajutors were onlyHire-.
lings.
i:^' rater & Coeplicopus Joan-
nes ob hoc quod fe in gerenda
patrimonii gubernandi cura,
vel in difciplina Eccleflaftica
confervanda minime fatetur ido-
jieum, conftituti presbyteri ad
haec explenda fibi expofcit ad-
hiberi perfonam, ut ea quge funt
neceflaria competenti difponen-
te ioUicitudine iiant — ideoq;
prselenti vobis juflione praecipi-
mus, ut fervata primo in loco
Epifcopo memorato reverentia,
quam vos convenit inculpahili-
ux cohibe r^^ prxbeatis 0 bed i
cntiam conftituto competentem,
in nullo dilpofitionibus ejus fpi*
ritu contumaci refultantes ; imo
competenti vigilantiae veilrje
ftudio, quae pro Eccleijaftica
utilitate, gerenda conftitutus
monuerit adimplentes ; ut his
ita difpofitis, & confucta vobis
ftipendia miniftrentur \ & quae-
cunq; in prae fotae Ecclefiae pa-
trimonio, vel de rebus ad earn
pertinentibus repetendis funt
neceflaria compleantur.
Neverthelefs the Popes fome-
times permitted the Eilhops to
appoint their Coajutors for
their SucceiFors: And in the
Eighth Century, this Favour
was very rarely granted. See
■tk Camn il» b* Cauf, 7. ^. i.
the
Benefices and Revenues. a 05'
the Exercife of a Charge, which was to be his own ;
and which would alfb recommend him to the Inha-
bitants of the Place, when they regarded him not as
a Stranger, they fettled the SucceiTion on the Coa-
jutor.
This met with a different Reception in the World,
and accordingly v^^as defended or cenliir'd. On one
hand it was faid, That all fettled Succeflions in
Benefices was pernicious, as a Temptation either to
procure, or however to deiire the Death of ano-
ther.
On tht other hand was alledg'd, the famous Pre-
cedent of St. Auguftine, who was cholen by Vderius
to be his Coajutor, and alfb declar'd his Succelfor.
But this Inftance carries no great Weight, fince St.
Augufiine himfelf condemns it afterwards, and would
neither imitate it, nor was afliam'd to impute it as
a Sin of Ignorance (^), both in himfelf and his Pre-
decelfor.
But in thefe Times Coadjutors with Succeffion in
Reverfion, were appointed not only to Prelates and
other Miniflers, who had Bufinefs belonging to their
Office, but alfb to fimple Benefices, or Sine-cures,
where there was nothing to do. So that the Coad-
jutor had only a Name, without any thing eifential,
but that of SucceiTion in Reverfion ^ a Thing which
the Canonifls have fo much in Abhorrence.
(b) Sx.,Vaulhius particularly
obferves, that this ibrt of Co-
adjutorlhip was very extraordi-
nary.
Non autem, faith he^ tautum
hoc Icribimus gratulandum
quod Epiicopatum Auguftinus
acceperit, led quod hanc Dei
curam meruerint Africanae Ec-
clefise^ ut verba cseledia Augft-
ini ore perciperent, qui ad ma-
jorem Dominici muneris gra-
tiam novo more provedus, ita
confecratus efl., ut non i'ucce-
deret in Cathedra Epir:opi, led
accederet. Nam iucolumi va-
leric l-iipponemfis Ecckfe Co-
epifcopus Augullinus eft. E^*
17. IS^uJn. 2. £^ Can, 120. 7.
■ In
ao6 Of Ecclesiastical
In thefe Times likewife, every Beneficiary who
deiifd to appoint his Succeiibr, had the Liberty of
chooling one of thele Methods ^ either by the Co-
adjutoriliip with Succeflion in Reverlion, or by the
Reiignation in Favorem j referving to himfelf the
Profits, with the Power of Regrefs : But the autho-
rizing thele Sorts of DiipenlationSj was referved to
the Pope alone, and to no other Perlbn whatlb-
ever.
hi Germany y where the Council of Bafil was by
fbme admitted, by others not, there was great Di-
verlity in the Decifions concerning beneficiary
Caules. To provide againft, and reconcile thele
Differences, Nicholas V. and the Emperor Frede^
rick III. in the Year 1448. made a Concordat (i)
of the following Tenor.
That the Benefices vacant in Court ihould be re-
ferv'd to the Pope, and that the refl of tiie eleO:ive
Benefices ihould go by Eieftion. As for the other
vacant Benefices, they fliould remain for fix Months
in the Pope's Difpofal, and fix Months in the or-
dinary Collators : With this PrOvifo added. That
if the Pope faifd in the Term of three Months to
fill up the Benefices, the Collation ihould devolve to
the Ordinaries (1)*
This
(i) Concluded in the Pope's
Name, by the Cardinal Jofm
Carva\al, call'dSt. An^do, Le-
gate a Latere in Germany,
(2) An Extract of the Con-
cordat will here be of ufe tor
a Comment on the Words of
Jr. Taolo,
' We referve, hithNlchol^y .
* to our own Ordination, Dif-
' polition and Provifionj all
^ the Churches Patriarchal,
' Archiepilcopal, and Epifco-
' pal ; as alfo Monafleries, Pri-
^ orics, Chanonries^ and all o-
' ther Benefices • EcclefiaiHcal
^ whatlbever, with Cure of
' Sou's, and without Seculars
' and Regulars, which are or
' iliall be vacant ; alio thole va-
^ cant by Depciiticn, Depriva-
^ tion or Tranflaticn, by us
* formerly
Benefices and Revenues. lo^
This Agreement was not receiv'd thorough all
Germany y and fome Diocefies fince in the Year 151^.
obferv'd tliQ Council of Bafil ^ which aboh'ih'd all
the Reiervations : But in Procefs of Time, even
thofe who had receiv'd the Concordat in the Begin-
ning, ceas'd to obferve it, and excused themlelves in
faying, that it iiad not been univerfally receiv'd :
So that it loft its Force by being dilus'd ^ and not"
only in Places where the Bifhops and Chapters have
lepcrated from the Roman Church, but even wiiere
they ftill remain under its Obedience.
In
* formerly made, or which
/ fhal] be made, in what Place
* foever.
^ Likewife Benefices vacant
by the Deccafe of Cardinals
and Officers of the hoi)- See,
while they ihall hold the laid
Offices^ J?xf;»p.^r. of Vice-
chancellor, of Chamber'ain,
of Notaries, Auditors, Comp-
trollers, Abbreviators, and
the Benefices which are, or
Ihall be vacant, by the Death
of our Commenlals, CoHcifi-
ors, and Treafurers, deputed,
or v/hich fhall be dequted in
whatlbever Place they hap-
pen to die : Moreover, the
Benefices of all thole who
coming to, or returning from
Home^ on any Occalion what-
Ibever, fhall happen to die
but two Days Journey from
the City ; provided that the
Place of their Death be not
the Place of their ordinary
Refldence : A.lfo all Benefices
iecular and regular, which
they poiTefs a at the Tim-; of
their Promotion, whom we
have promoted to Dignities
Patriarchal, Archiepilcopal:,
and Epiicopal, now vacant,
or which iliall be hereafter
vacant.
' In Churches Metrapolitl-
cal and Cathedral, not (ub-
ject immediately to the holy
See, and in the Mcnafteries
which are immediately lub-
jeiil to it, Elections Ihall be
tree, and then be brought to
the laid See, who Ihall con-
firm them, if they be caija-
uicaL
' In Monafteries which arc
not immediately fubjeft, and
in other regular jrenefices.,
{■or w^hich it is net cullomary
to have Recourle to the holv
See, the Elected fiiill not he
obliged to come to R^rKt for
their Confirmation 01 Prcvi-
fion ; befides, that thefe Be-
nefices are not to be rank d
among the ExpecKatives, nor
the Benefices dts M-niaUsnon
cxcmptis, in th^ Dilpolin'on
^ (A the Pope.
\-<-
!^o8 Of ECCI^ESIASTICAL
In th€ Year 1534. Clement VII. fet forth a fevere
Bull concerning it, but it fcarcc had any EffeO: :
Gregory XIII. ^ let forth anorher in the Year 157^.
which had as little Effect. And Cardinal Man-
drucci (3), Legate o^ Clement VIII. in 1594. made a
heavy Complaint about it, in the Name of the
Pope, at the Diet of Eatlshon^ but to as little Pur-
pole as the other.
The
^ As for the other Benefices,
* Seculars and Regulars, not
* comprehended in the Refer-
' vations exprefs'd above, we
* freely allow they be provided
* for by the ordinary Collators,
* when they fhall fall vacant, in
* the'M.oYithso^ February, j4prtl,
* Juney Au^ufly OMer and
* December ; the Months of
* January y March, May, '^idy,
^ September, and Novomber ihall
* be referv'd to the Pope : But
* if it happen that the Benefices
* which Ihall be vacant in thefe
* Months, have not been con-
* ferr'd by the Pope in three
* Months, reckoning from the
* Day of the Vacancy known in
' the Place where the Benefice
* lies, the Collation ihall return
* to the Ordinary, or to any
* other to whom the Diipolai
« ihall belong."
But this lail Conceffion ha-
ving been the Occalion of many
Law-iuits, daily arifing betwixt
thofe whom the Pope had pre-
iented before the three Months
were expir'd, and thofe who
had obtained the Collations of
the Ordinaries, who confer r'd
the Benefices from the Day of
the Expiration of the three
Months, to prevent the Provi-
iions which thePopc might have
made, about the End of the
Term, Greg, XIII. made a Bull,
dated iVtPX/. I, 1576. by which
he declar'd, * That the Concel-
iion of Pope Nicholas V. gave
no room to the Ordinaries,
nor the other Collators, to
difpofe a'ter the Expiration
of three Months, any Bene-
fices comprehended hereto-
fore under this pretended
Conceifion : But alfo that for
the future, thofe whom the
Pope Ihall have provided
with thefe Benefices, ihall
be oblig'd either to lignify
their Impetration, or obtain-
ing the Benefice, to the Col-
lators, within three Months,
reckoning from the Day of
the Vacancy known in the
Place where the Benefice lies,
or to publiihit in what Man-
ner foever it be thought fit
in the faid Place : Declaring
null, and of no cfFe<5t, all the
Difpofitions and Provifions
made by the faid Collators
after fuch Publication: And
lufpending from the Collation
of
Benefices and Revenues. ao^
The fame Diverlity and Confufions remain Hill
to this Day ^ for which the Court of Eome hath
but two Remedies : One is, that the Jeliiits turn all
their Skill to work upon the Conlciences of the Be-
neliciaries at their Confeilions, to perliiade them to
take Bulls from Rome for. Benefices, tho' provided
for by the Ordinaries ^ and fome accordingly are
prevail'd with. The other is, That when an E-
le£i:ion or Collation is made that clafhes with the
Concordat, the Court of Rome annuls it, but then
confers the Benefice on the fame Perfon : An Expe-
dient heretofore much ufed on other Occafions, as
it is at this Day in the Cafe of Benefices of great
Importance, and where the Perfons are in Ibme
meaflire dependant on them. Not that it is of
Service at the Time it is praftis'd, but becaufe the
Writings are carefully kept, and ferve as Regifters
of thele Matters, to prove in After-times, that fucli
and fuch Places have paid Obedience : As alfo many
Conftitutions and Decretals, 'which have never Ivid
their Effe£t, are skilfully inferred in the Books of
Decretals, to make more Precedents, and draw
more Confequences to their Advantage.
* of all Benefices and Offices,
* all Collators, who Ihall pre-
* fume to infringe thisDecla-
^ ration.
This Bull of Gregory XIII.
iheweth, that whatever Con-
cordats and Accomodations the
Popes made with Princes, they
always pretended to have a
Right of annulling them, as
made by wa^ ofProvifion only,
with regard to the Neceffity of
the Times, and until a proper
Sealon offer, to exert th-ir
Right in its utmoft Rigour.
* The French Tranflation
faith Gregcry XIII. for Gr^^
gory VIII. in the Italian,
(^) Lewis, Nephew of Gf'r?-
ftcpber Madrucci, Cardinal and
Bifhop of Trent i and his Su:-
ceiVor in this Bilhoprick.
CHAP;
(iio Of Ecclesiastical
CHAP. XLVII.
IN Frame the PragmatIck-fan£lion was vigoroufly
attack'd by Pius\l. (i), but defended with great
Conftancy by the Clergy of France y and the Unh^er-
iity of Paris. Upon which the Pope reprelented to
King Leivis XI. That it would ill become him to
fufter the Decrees of the Council of Ba/il to be ob-~
fcrv'd in his Kingdom ; for the Diiibiution of which
himlelf had taken Arms, and had receiv'd Money
from Pope Eugenius IV. for that Purpofe, when he
was Dauphin, and had left his Father's Court in
Difcontent. Thefe Reafons wrought upon the
King to revoke the Pragmatick (2) : But the Oppo-
fition made by the Univerfity, and the Remonftran-
ces by Parliament, which are ftill found upon the
Journals, where the Grievances of the Kingdom,
and of the Clergy or Eccleiiaftical Orders are re-
prelented, fetting forth, That upon a ^ntl Obfer-
vation, in three Years time there had gone to Rome
four Millions for Beneficiary Affairs, prevail'd with
theKing to re-eftablifh it attheEndof threeYears(3).
Sixtus IV. to ward this Blow, and to fruftrate the
Re-eftabliiliment, made a Concordat of his own,
( 1 ) He cried, Guenay Guerra
ufq'^ ad capiUos.
(2) In 1 46 1, in the 4th
Month of his Reign.
(3) Faul II. Succeffor to
J>ius, Tent "^chn Jofredi, Cardi-
nal-Bifhop oM/^/, toperluade
him to confirm the Revocation
of the Pragmatick : I'ut after
the Revocation had pafs d at the
with a formal Oppoiition in
Parliament^ from '^chn de St,
Ron7an, Attorney-General^ and
at his Return to his Houie, the
Univerfit}ligniF).'d to him their
Appeal to a general Council,
and then went to regifter it at
the Caftelet. See tbe Ordinan-
cee cf Lewis XI. Sept. 10.1464.
in the Conference of Ordinances^
Chaddet, the Cardinal met lih. i. Tit. 3. part 2, §.4.^
which
Benefices arid 'Revenues: d i i
which is extant at this Day, but never was receiv'd ^
and the Pragmatick remained in Force. hnoce?7tV III.
Alexander VI. cxm^ Julius II, fct all their Strength
to abolifli it, but in vain (4).
(4) They were in terrible
Frights, left the reft of the
Chriftian Princes iliould take
the Example of France^ and
make Pragmaticks of the fame
Nature, to bridle the lapal
Power,
C H A P. XLVIII.
AT Length Leo X." fram'd a Concordat with'
King Francis 1. of France : Of which the
chiet' Articles were ;
That the Pragmatick iliould be aboliili'd : And
the Eledion o^ Biihops and Abbots iliouId be taken'
from tJie Cathedral and Collegiate Chuixhes, and
given to the King, who was to name a fit Perfcn,-
and the Pope to confer the Benelice : It was farther
concluded, that the Pope could not give Expefta-'
tives, nor make any Refervations general or ipecial :
But that the Benefices wh'ch ihould be vacant in'
four certain Months in the Year to be fpecify'd,
iliOuld be confer'dby the Ordinaries on the Gradu-'
ates of the Univerlities : And th'.it thole vacant in
the other eight Months, iliould be confer'd by the
Ordinaries, ad Libitum^ on whom they pleas'd :
Only that every Pope might oblige every Collator
who fhould have from 10 to 50 Bendices in his
DiipofaU to confer one as his Holiiiefs iliould di-
P 2 rea ;
ail Of ECCLESIASTIGAL
reft ; and even two, if the Collators fhould have
50 or more (i) Benefices in his Collation.
Tho' there were great Difficulties to encounter in
making this Concordat be received, and that the
Univerfity appealed to a general Council, lawflilly
conven'd • yet the King's Authority and Intereil
prevailing, it was publiih'd and put in Execution
throughout all France (2)..
Thus after ib many Popes had, betwixt the Years
1075. and 1 1 50. thundered out ib many Excom-
munications (3 j, and let on work fb many Confpi-
racies and Rebellions, with the Lofs of many Mil-
lions of Lives, in order to wreft from Princes the
Collation of Bifliopricks, and to give the Election
to the Chapters ^ on the contrary the Qiiarrel feems
now inverted, and Plus II. and five of his Succel^
(i) Cardlmil o^ Lor mm de-
bating in the Council of Trent
on the A rticle of Eleftion ofBi-
ihops, faith, That St. Leo X.
and Frdncis I. had divided be-
twbft them the Collations of
Beneiices of the Kingdom, as
tile Hunters do their Prey.
End eft be -Jtb Bock cf the Hifi,
cf the Ouncil.
But that which Aieieray faith
of the Concordat is worthy of
Oblervation, Leo X, faith he,
made the Concordate with
Francis T. by which he obtained
an Abolition of the Pragmatick,
and alfur'd to himfelf the An-
nates, payable at every Change
of BiHiops and Abbots. This
Compronnfe in Reality encrea-
fith the Revenues of the I'opes,
but extreamly liiliies their Re-
putation in (a f .ntailick an Ex-
change, 1 he Popcr^ \vho is a
fpiritual Power, takes the terii-
poral Power to himfelf, and
parts with the fpiritual; that
is, the Nomination of Bifhops,
to a temporal Prince.
(2) the Clergy of France,
faith the fame Author in another
place, the Univerfities, the
Parliaments, and all good Men,
put up Complaints, Remon^
ftrances, Proteilations, and Ap-
peals to a general Council.
Neverthelefs, at the End of
two Years, abfolute Power was
to be obey'd, and the Concor-
dat was regiftred in Parlia-
ment.
(3) From the Time of (7rf-
gcry VII. to Innocently , which
contains 2co Years, there were
fevcn Emperors excommunica-
ted, -^7^. Henry W, Henry Y,
Frederic f. FbiUp I. Otho IV.
Fr,-derick II. ar.d Cmrad I.
lors
Benefices and Revenues. 115
fors (^) have with the fame Zeal and Conflancy
been ftruggling to take the Election from the Chap-
ters, and give it to the King, which Leo X. at lail
accompliih'd. So true it is, that a Change in In-
terefts draws along with it, both a Change and even
k Contradiction in Do£lrines.
Thinking and ipeculative Men, Hich as were apt
to inquire into the Reafons of this great Change in
the Popes, have aferib'd it to the Diflike they had
to the Eleftions of the Clergy, which keep too
much in Memory the ancient venerable Form and
Figure of the Church in this Practice and univerfal
Poftrine of Eledions ^ of which we find at this
Day fo faint a Refemblance left : Others found
other Reafons, As that it would be caller to get the
Collations out of the Hands of a Prince, if he hap-
pened to be a weak one, or to ftand in need of the
Pope's Friend ihip, than out of the Hands of the
Piiliops and Clergy.
Francis I. again made many Laws to regulate the
Right of Polfeiiion of Benelices, and obferv'd the
Concordat with great Ex^iClnefs. Bi>t Henry II. his
Son, fiifpended the Execution of it, during the
Time he was at Wars with Pope "Julius III. in the
Duke ot^ Parma s Qijarrel (5). For in the Year 1551.
he forbad all Kinds of Provifions of Benefices to
be received from Rome^ and commanded that they
(4) Paul II. Sixtus IV. 7/7-
wcentyilh Akxanderyi»and
Jidius II.
(5) The Duke o^ Tar ma put
himlelf under the Proteftion of
France-, to defend himlelf a-
^ainft the Emperor his Father-
in-Law, •^yho would have leii'd
Parwa as he had done Ptaccntla,
The Pope iunimon d the Duke
to appear at Rome^ and for not
appearing declar'd him Rebel :
The Emperor who had kindled
the Flame, took the Pope's
Part, and the King o^ France
the Duke's.
* 3 fllOuld
a 14 Of Ecclesiastical
ihould all be confer'd by the Oixlinaries (6) : But
y/liQn the Peace was concluded, the Concordat was
again eftabliih'd.
In ttiQ Year 15^)1. the EUates held TxtOrleans^
during the Minority of Charles IX. reformed the
Collation of Benefices in feveral Particulars, and
took away many things contain'd in the Concor-
dat (7). But great Confufions and Wars following
in that Kingdom, at a Time when the Car<iinal of
F.crrara f 8) came Legat into France ^ he obtain'd a
Sufpenlion of the Ordinances made at Orleans (9) ^
on Condition that the Pope iliould forthwith put a
Stop to thele Corruptions, which had given Occa-
ilon to that Remedy : But noth'ng of this beirig put
in Execution, the Concordat fbill remains in Force.
And thus Altairs pals'd in Germany and France,
(6) Ihat Ediil fct forth, CourtofJ^fA^e with Money, to
Thatit was not jull, that Frawre make War againlt their own
fhould hirniih the Pope with Prince. y\nd beiides, that they
Money to make War with the could eafily live without the
French Nation; and therefore: Papal Lilpeniations, which
forbad abfolutely, that any Sil- . however were not ot Force to
ver or Gold Ihculd be carried, j accju it our Confciences before
tp R me-, or into any other \ God.
i^lace under the Pope's Ob-di- 1 C?) Tn the Convention^ of
ence, for EeneJicres, JDiipenla-,' thofe Eftates, the Deputies ot"
tions, or other Grares, under i the Clergy declare, that they
Pain ot" Conhfcation to Eccle-I had obferv'd, that the Kerefy
fiafticks, and of corporal Pu- ; oi Luther was born in the iame
jiifrinient to Seculars; giving • Year with the Concordat,
the third of the Confil jation to ' (H) HippJttas pi' Efle, oi the
thofe who Ihould intbrm, j Ploule of the Dukes of Ferrara,
And the Procurator-genera], ! Grandfon of Foipe Alex. VI,
wiien he made the Edict be ve- (9) Ons of which was to
rify'd in Parliament, faid, it iorhid paying the yinnateSy and
would be a nctojious Folly in fending any jVjone}- to Rof??e for
the French Nation, to find the Benefices, or Difpenfations.
CHAP.
Benefices and Revenues 115
C H A p. XLIX.
BU T the Face of Affairs in Italy ^ iince we laft
defcrib'd them, hath in a great Meafure been
changed by the holding the Council of Trent, who
made many Decrees againft the Abufes then reign-
ing in the Matter of Benefices.
And tho' from the liril: opening of that Council,
which was in the Year 1 547. it began to let itlelf
in Earneft about a Reformation, yet none of the
Decrees it made being put in Execution, till after
its Conclufion, which was in the Year i 553. they
mufl all be reckon'd to take their Rile from that
Time.
Three Things this Council chiefly had in View
to remedy, Flrft^ Plurality of Benefices •, Seco-ndly^
Hereditary Succeilion^ and Thirdly , Kon-reli-
To take away Pluralities, it was decreed, That no
Perlbn, not even a Cardinal, fhould hold more than
one Benefice ^ and if that were not liifficient for
the Support of the Incumbent, he might have one
more without Cure of Souls (i). Commendams for
Life
(i) Quoniani multl ea qux
bene conftituta llint, variis ar-
tibus eludere, ^: plura fimul
beneiicia obtinere non erubef-
cunt, iantfta Synodus prselenti
decretOy quod in quibufcunq*,
perronis,quocumq; titulo,etiam
li Cardinalatus honore fulgeant
j^the Cardinals ave here ex prefly
nam'd, which the Span/Jh Bi-
ihops could not obtain in 1547
Neceility of naming them, fee-
ing, according to the Canonifts,
they are never comprehended
under general Terms J mandat
obfervari, ftatuit, ut in pofte-
rum unum tantum beneiici-
um Ecclefiadicum conferatur :
C^od quidem fi ad vitam ejus
cui confertur, honefte fuften-
tanduni non TuffiLciat, liceat nihil
ominus aliud limplex, fulRciens,
when they remonflrated the dummodo utrumq-, perfonalem
P 4 refidcn-
^i6 Of Ecclesiastical
Life were forbid to be enjoy 'd with Benefices that
had Cures, as being a Cover for holding two (i).
It was alio decreed, That for the Future no Mona-
fteries iliouJd be turned into Commendams^ and that
thoie which were, ihould be turn'd again into Titles,
as th^y became vacant (3). It prohibited alfb Uni^
ens for Life, which was another Pretext of giving
ieveral Benefices under one Name ("4).
To aboliih Hereditary SuccefTion, it ablblutely
proJiibited the Regrefs and Accefs ^ as alfb Coadju-
torihips, with Succefiion in Reverlion, except in
Cathedrals and Monafteries : And it took the Li-
berty to exhort the Pope to grant none, but for jull
refidentiam non requirat, eidem
conferri. Hocq; non modo ad
Cathedrales Ecclefiasj fed etiam
ad alia omnia beneficia quacunq;
ctiam commend ata pertineant,
cujulcunq; tituli ac qualitatis
cxiftant. Chap, ij , cj the Decree
efthe Refcrn7atkn3 ofSeJJlcn 24.
M here it is worthy of Obferva-
tionj, that this Chapter ferves
for an Explanation of the 2d
Chapter of Seflion 7. which
fpeaks only of Cathedral Chur-
ches, and makes no mention o^
Cardinals, but in thele general
Terms (^^«^f««^j etiam d'lgni-
fate aut pritemmentla prajul-
j>e/'is^ hy which the Cardinals,
according to the Rule of the
Canoriills juft now alledg'd,
might retain levcral Eilhbp-
ricks,
(2) Quicumq; plura beneficia
curata five per viam unionis ad
vitam, feu commendse perpe-
tus ifcipere, ac limul retlncre
prsefumpferitj bene£ciis ipfis,
prasfentis canonis vigore, priva-
tus exiftat. Chap, 4. of the Re-
formation of SeJJlcn 7.
(3) Confidit ('lancfta fynodus)
fanftifT. Rom. Pontiiicem, pro
lua pietate, & prudentia_, cura-
turum, ut monafteriisj qua
nunc commendata reperiuntur,
quae fuos conventus habent, re-
gulares perfonse ejuldem ordi-
nis praeficiantur. Qu3e vero in
pofterum vacabunt, non nifi
rfgularibus conferantur. Chap.
21, of Reformation of Regu-
lars, SeJJion 25.
(4) See the Jaji Note butcn^,
to mhich the Chap, 17. cf the
Rejorn7ation ofSeJJion 24.addeth,
Illi vero, qui in prseienti plures
parochiales Ecclefias obtinent
cogantur omnino, quibufcunq;
dii penfationibus ac unionibus ad
vitam non obftantibus, una tan-
turn parochiali retenta, alias
infra ipatium (ex. menflum di-
mittere^ ^c,
and
Benefices and Revenues^ iij
and evident Caufes (5). But this Prohibition Ina
prov'd without any Effect.
In the fourteen Jail Months of this Council (6)^
the Point of Refidcnce was debated with Ibnis
Warmth : For, upon a Qi^ellion mov'd by tho:
Doctors, Whetlier Keiidence of Biihops and Curates
at their Churches were of Divine Right, or a Kight
only founded on the Canon-Law, tne Council was
fo divided, that in the Month of Jprily in 1552.
coming to a Scrutiny, there were found 67 Votes
for the Jus Divmm, 33 for the Jus pofithum, and 30
for coming to no Conchifion at all, without iirft
confidting the Pope.
Thefe of tliQ hrft Opinion were thofe of the
Tramountaim and northern [Nations, and pther d^'fi
contented Bifliops : Of the fecond and third Opir
{<)) Cum in Benei;ciis Ec-
clefiafticis ea, qusehsereditarige
lucceffionis imaginem ret'eruntj^
facris conftitutionibus fint odi-
ofa, & Patrum decretis conrra-
ria, neiTjini in poftprum accef-
ius, aut regreffus etiam de con-
lenl'u, ad beneficium Ecclelia-
fticum cujufcunq^quaUtatis con-
cedatur — hocq; decretuni in
quibuicunq- beneiiciis Ecclefia-
fticis ac in quibufcunq- psrlbnis,
etiam Cardinala^us honore tul-
gentibusj locum habeat. In
Coadjutoriis quoq; eum Futura
iucceilione idem port: hacobler-
vetur, ut nemini in quibufcunq;
henefic is Ecclellafticis pt:rmit-
tantur. Quod fi quandu Eccle-
iise Cathedralis, aut Monafterii
urgens necelfitas, aut evidens
utiiitas, poftulef Praelato dari
Coadjutorem, isnon alias cum
tutura iucceifione dttiir, quiiu
hsc caufa prius diligenter a
fanftiir. Rom. Pontiiice fit
cognita — alias conceiTiones
fuper his fadlae furreptiLi.^ eife
cenleantur. Chap, 7. of the ge-
neral Reformation of the Scf-
(6) This Matter ^yasthe firll
time handled in the Year iv4-5.
Theiirfl: who began to awaken
Mens Thoughts in this Matter,
were two Spanfjl:> 'Jaccbinsy
BartbGlmeiv Caranca, and Do-
m'lntq,-^ SctOy \yho urged vehe-
mently, that R^efldcnce w-as q?
jOivinti Right; Which Opinion^
Cardinal Cajetan^ who was of
the fame Order, liad maintain'd
fame Years before, but wms
laid to have changed his Opi-
nion, wlien he came to be a
Bifhop, becaufe he never refi-
ded at his Bilhoprick.
nlon
ai8 Of ECCLESIASTICAX.
nion were thole who adher'd to the Court of
Fome (7).
If Relidence had been declar'd of Divine Right,
it mnfl have follow'd, that the Pope conid not dif-
penle with it ^ and that the Aiitiiority of the Bi-
shops miift have been of Divine Right, and that
conlequently no human Power could reftrain it ("8).
All which had a dangerous Tendency to the Di-
minution of the Papal Power.
Thus the two Parties maintained the Difpute with
great Warmth and Freedom, till at length from de-
bating they fell into Factions and Cabals : And at
(J) In the fixth Book of his
Council o^Trentheimh^ That
the Legates got a Writing to be
read in a general Congregation,
by which the Fathers were de-
iir'd to declare their Opinions^
whether Reiidence ^vere of
Divine Right or no, by the
iingle Expreffion of Placet j or,
7:on TJacet. And that the Votes
being taken, 68 were found
TUcety 33 ncn Placet ^ and 13
Placet y ccnfidto prrus fanci/jjimo
Z>cmino n"firOi and 1 7 tion Pla-
cet, nifi prrus ccnfzilto f> D. n.
He adds. That the 13 differed
from the 17, in that they were
for the Divine Right being de-
clar'd, whereas the I7v4rerein
Effect not for it, but confented
in cafe the Pope gave his Con-
fent: And tho' thefe j:>iilint5H-
ons were Metaphyfical enough,
vet the 13 and 17 were equally
agreed in making their Court
to the Pope,
(S) Paul Jcvlus Eiihop of
Nceeroy debating on the Point
of Refidence in the Council,
laid, Tliat as the Jus DivinuWy
if once it were admitted, was
a Thing could never be dif-
clainf d again, fo it would ferve
as a Buckler to all rebellious
Bifhops againil thatPope, when-
ever he cited them to Rome, to
give an. Account of their Acti-
ons or Doclrrine ; as the Arch-
biihop oF Colcgne had done a-
gainit Paul Ili. That he much
tear'd lome Bifhops would, un*
der Covert of the Jus Dhinuwy
withdraw themlelves from the
Obedience of the Pope, on
which depended the Union of
the Church : But he would ven-
ture to tell them, this would
be a tair Encouragement to the
Curates to Aake off the Epif-
copal Authority ; becaufe, be-
ing the immediate Pallors, they
would pretend that their Flock
was nearer t-j them than to the
Bilhop ; by v/hich the Hierar-
chy of the Church would de-
genera*te into Anarchy. Wji*
One, Tre-iit, lib, 6, ^ 7,
the
Benefices and Revenues, ^\(^
the End of 14 Months, Refidence was deterniin'd
and enjoin'd, but without declaring by what Right
Men were oblig'd to it. Only Penalties were laid
on iiich as did not refide (9. And for the reft, all
things were left in their former filiate.
In the mean time thole who were preient at this
Council, and who have fmce left any Writings be-
hind thenl, efpecially of Divinity, have not Icrup-
led to aiicrt, That Refidence is of Divine Right,
and that to affirm the contrary, was to deny the
iacred Scriptures, all Antiquity, and even natural
Keafon itlelf (loj. But then, not to draw the In-
(9) Neea qui^deRefldentla
fanfte & utiliter jam antea I'ub
felicis recoidat. i aulo HI. lan-
cita fuere in ieruhs a lacro-fanL^je
Synodi mente a'icnos trahantur
— - declarat lacro-ianc^a Syno-
dusomnes Patriarchalibus, Pii-
matialibus, iVietropolitanis, ac
Cathredalibus Eccicliis 4uibul-
cunq-, prxtetftos et'amli b. R. E.
Cardinales iint, obligari ad per-
fonalem in Ilia Hcckfia, ve.l
Dioceli relidcntiam, ubi in-
junifto fibi olHcio defungi tene-
antur, rieq; abcfle polle — -
iNiliChrilHana charitas, urgens
neceifitas, debitaobedientia, ac
evidens Ecclefise vel Reipublicae
utilitas poftulent, & exigant.
yJndcne Pa^e after.
Si quis autem contra bujas
dccreti diipofltionem abfutrit;,
ftatuit lacro-ranAaS} nodus prge-
ter alias poenas adverlus non re-
fidentes lub Pauh ill, impoli-
tas, & mortalis peccati reatum,
qiiem incurrit, eum fru<5lus I'uos
tuta conlcientia retinere non
pofTe^ led teneri illos fhbricae
Ecclefiarum, aut pauperibus
loci erogare, probibita quacunq;
conditioner vel compoiitione,
qu?c pro lTU<fbibus male percep-
Lisappellaturj ^c, Jnd as fcr
Curates,
Liberum eile vult Ordinariis
per cenfuras Eccleliafticas, 6:
l"ubfl:ra6l'onem fru(fl:uum3 aliaq;
juris remedia etiam ul'q; ad pri-
vationem compellere. Cap. i.
of the Reformation of Sejj. 23.
(10) The Jacebin Fryar
Bartbclcmevo Caranca, fcrupled
not to lay, in j-refcnce of all
the Fathers of th:i Council,
That it wai a
)lical Doa-
rine, it were to be wiih'd,
that the Biihops of the Court
were lb perfuaded ; they would
not then Hay till the Prince,
weary cf feeing their Faces,
lends them to relide in their
Bifliopricks; or at lea't, that
when they are commanded thi-
ther, they would not think
thsmJelves going into Banilh-
mcnt.
dignation
aao Of Ecclesiastical
dignation of the Coijrt of Rome too much upon
themfelves, they found out fome Exceptions, by
which the Pope had a fair Way left open to Dii-
penfations.
As for the Refervations, tho' a Point fb eflen-
tial, and now grown to exceed all Bounds, the
Council let them pals unobferv'd, becaule, indeed,
they concern'd the Pope's own Perfbn ^ lb they con^
tinued as they were, and by continuing, they have
iince ent:reas'd '^.
* See the three laft Pages of I
the following Chapter. '
C H A p. L.
IT was imagin'd, with great Appearance of Pror
bability, that the Abolition of the Unions,
Commendams for Life, the Regreis, and Coadjutor-
ihips would have proved a fovereign Remedy, at
leaft to the greatell Part of thele Corruptions.
But an Expedient was quickly found on this, as on
other Occalions, to elude the Efficacy of the bell
Medicines ; an Expedient, which had not only the
lame laudable Effect with the four Inventions which
were Hipprels'd, of religioully preferving all the
Abufes, but even a greater : This was, the Pen-r
fion.
It hath been an Obfervatlon of pious and devout
Peribns, That the Court of Eomcy as if it had been
a ftanding Order in thole Times, never Hiffer'd a
gainful Abule to be corrected or abolilh'd, but Ihe
had a higher to put in the Room of it, more no-
torious and more profitable : Which is lufficiently
verify'd
Benefices and Revenues ^ m
verify'd in this of the Penfion. Yet it is not to be
underftood, as if the charging Benefices with Pen-
lions were an Invention of our Times, but only the
Manner, and the frequent Practice of it, which is
new and peculiar.
When all the Ecclefiaftical Goods were in Com-
mon, the Name of Peniion Was a Thing unheard
of: And when they came to be fet out and divided
into Benefices!, the univerfal Pradice, without any
contrary Inftance, was to confer them intire, and
without Diminution. But afterwards, when the
Clergy had iearn'd to litigate their Rights, and
thofe Rights were doubtful, it was a natural Com-
promife for one of the Parties to yield up his Pre-
tenfions, upon his having on Part of the Revenues
allotted to him, under the Kame of Penfion"^. Like-
wife if two hicumbents, for Ibme good Caufe, agreed
to exchange Benefices, with the Confent of the Bi-
ihop, he who quitted the better Benefice had it made
up to him in a Penfion -}% And again, when any
one refign'd with the conient of the Prelate, a Pen-
fion was afijgn'd him for his Maintenance ^.
Of theie three Ibrts of Penfions, the Decretals of
the Popes towards the Year 1200. make Mention :
France admits them ftill as legitimate '|-^ and authen-
* See the Chap. Nzfi ejjsnt
21. extra, de Vraehendis \ which
is the Foundation of Penfions,
according to the Glofs, which
faith upon this Decretal, that
Occaficne bu)ufmodz prcvificms
ajfumunt quandcq\ aliqui cau-
fam jnalt \adendi. Glolf. in
verb, ex juffione, in fine.
-f- Cap. 6. extra de rerum
psrmutatione.
* Vide Can.
ex parte 12.
extra, de officio Judicis de leg,
>!5: ibi Felin. Num. 1. Felin.ad
Cap. ad audientiam. Num. 2,
extra de refcriptis.
\ Vide Rebuff, traft. de pa-
cifism Num. 1 10. Duaren de be-
nelic. Lib. 6. cap. 4. Coras ^2,-
cerdot. paraph, i. cap. 4»
Num. 12. & Joan.Davezande
peniionib. benclic. pag. bH.
^ Cap. per tuas^ extra, de
donationibus.
tick,
272 06 EcCiESIASTICAi
tick, whereas fhe rejefts a Train of others as de-
ferving, and of great Variety ^ namely, flich' as
are given to one for his Livelihood only, and for
no other Conlideration ^ or for having merited well
of the Apoftolick See ^ or for liaving lerv'd fuch
a Church or liich a Prelate ^ for being learn'd or for
Probity of Manners "^ : Or only for being in th^
Pope's good Graces : And laftly, Hich as are given
to Children, becaufe they are of promifmg Parts.
All thefe are jufliiiable Motives, according to the
Canon ifts, for granting Pcnfions j to which thc]^
Icruple not to add, that the Pope may charge any
Benefice whatfoever with a Penfion, and give one to
whomfoever he pleafeth, without any of the Caufes
allowed ^ and that its being the Pope's Will, is fuf-
ficient to iecure the Confcience ot him that recei-
veth it.
So that, whereas formerly it was ufiial to hold
two Benefices with Cure of Souls, the one in Title,
the other in Commendam^ or elle t\iQ two united Be-
nefices for Life, with Obligation to allow a Stipend
to the Prieft who officiated in one of them : At pre-
fent the ^^n^^cQ is given in Title to anotlier, and
the Revenue of it, by way of Penfion, to himielf *,
which turns all to the fame, and even anfwers bet-
ter all the Ends it was defign'd for : Before, the
Beneficiary was anfwerable for the Faults of his
Subflitute, and therefore was oblig'd to have ah
Eye over his Behaviour ^ but this way he hath the
lame Advantage, freed from all the^Care.
Likewife, whoever took a Coadjutor to aiTift him,
or refign'd with a Condition of Regreis, had flill
ibmc Care of the Benefice remaining on him, wherc-
* Cap.demulta, in fine ex- 1 de PenfionibulC p. S9,
tra, de prxbend;^. Oavezan ' ■
Benefices and Revenues. aaj
in he had Ibme hitereft, by the Power he had of
re-entring. But on the contrary, he who refignsj
referving to himfeif a Penfion, delivers himlelf at
once from any Care or Duty incumbent on him
from the Benetice : And whether the Relignee die
or refign, is wholly unconcern'd, his Penfion being
lecurea and paid without any Trouble.
Sundry other Confiderations make a Penfion more
eligible than a BeiTcfice. Many Benefices require
entring into holy Orders, and confequently a cer-
tain Age to qualify him tor the receiving them : Tiie
hrft Tonfure, and the Age of leven Years qualify
for a Penfion.
Penfion s are alio given even to Laymen ^ as to
the Knights of St. Peter ^ \tho were inftituted by
Leo X. To the Knights of St. Paid^ who were in-
ftituted by Pope Paul III. To thole calfd the pious
Knights inftituted by Pope Pius IV. and to thofe
of Loretto by Pope Slxtus V. Every one of which
may have from 1 50 to 200 Crowns in Penfions, and
to whomfocver the Pope plealeth befides.
When Men held more than one Benefice at a
Time, there was always a Complaint of Ibmething
wanting, fomething to be mended, for which a
Difpenfation was neceifary, which cofi: Money .
And yet for all this, the Cafiiifts have been fo in-
curable in their Scruples, as to Doubt, w^hether
even Dilpenfations can fet the Confcicnce clear in-
this Cafe : But for Penfions, they may be held
without Scruple, and without Nimiber, no Penfions
being incompatible.
Another Advantage in a Penfion is. That it may
be given with a Power of affigning it to another at
Plealiirc, which cannot be done in the Cale of Be-
nefices, without palling dirough tht Forms of Re-^
fignation : And whereas Refignations are not va-
lid, if the Refig^er live not ao Days after,, a Pen-
fion^
224 Of Egglesiastical
Hon may be transfer'd and afUgn'd at the Point of
Death.
But the Conlideration which recommends it be-
yond all others is, that a Peniion may be extin-
guiiVd, or to fpeak more intelligibly, may be tur-
ned into ready Money ^ tho' every Contrad made
where a Benefice is, the Confideration is reputed
iimoniacal.
By extinguiihing a Penfion, is only meant to re-
ceive a Sum of Money from tliQ Beneficiary or In-
cumbent, which dilchargeth him from paying the
Penfion : Which Sum. is determined by the Age of
the Penfionary.
Before our Days, .when there lay no way open of
making Money of Benefices, it would have pals'd
for an infinite Olfence both againit GOD and
Men : ISow it is done avowedly, in thefe Terms,
il- have a Benefice of 200 Crovpns value, I refign it to
John or Thomas, for a Pe?ifion of 100 Crowns : And
afterwards I extinguifh the Fenfion for 700 Crowns
■paid down : Thus I have made 700 Crowns of my Be-
ncfice without Sin, All which Circuit of Words to
People ofgrols Underftandings and little Penetra-
tion, feenis to amount only to this, That I had fold
my Benefice for 700 Crowns,
There are befides many more Conveniencies be-
longing to a Penfion, according to the Pra£lice at
this Day, than to Unions, Commendams^ Coadju-
torfnips, or RegreJfes. Some People, who extolling
the many fruitrul Ways the Pope hath of raifing
Money tor the Occafions of the Apofi:olick Sec,
Lave afiirm'd, That if he ihould let open the Door
rf thw Regrels only, he might raiJ'e all he had oc-
CLifiOn tor, extreamly betray their Ignorance in thefe
Beneficiary Matters j for the Regrefs would not
now
Benefices and Revenues. 125;
now bring in one Farthing (i) : The Penflon is,
by many Degrees more preferable
for Profit and Convenience : It was This fecms ne'-
therefore the eafier to execute [// ^>^^ inteHigibleiir
^ -1- 1 ^ ', -, '^ ^ 51 the Italian nor
Conctho le Conctlf^ as it turn d more French,
to Advantage.
But the taking away Commendams {1^ from the
Monafteries, which the Council likcwiie enjoin'd,
hath been without Effect (3 J to this Day, and even
many Monaileries, which were in Title only, have
been fince turned into Commendams^ for want of
Ibme Contrivance to make Advantage of their Sup-
predion : And fince the Peniion can be impos'd by
none but the Pope, the Court of 'Rome draws great
Advantage from that Privilege.
Theie were the Changes introduced in Italy by
the Council of Trent^ which, by not having taken
any Notice of the Refervaticns, have given an Op-
portunity of multiplying them to that Degree, that
the Pope hath five Parts in iix of the Benefices in
his Dilpofal ^ with very reafbnable Hopes, that the
Sixth which remains, will go the fame way.
By the Rules of Chancery, all fiich Benefices are
relerv'd to the Pope, as ^john XXII. and BeneSEi Xil.
referv'd to themielves ^ ^ and alfo all iuth as were
( i) Seeing thofe who obtain'd
them would net be able to make
any ufe of them, becaute oFthe
Oppofition from the Bifhops
and Magidrates, elpecially in
France', where the Parliament
of Paris hath hinder'd their be-,
ing receiv'd.
(2} In the Chap. 21. of the
Reformation of Regulars, of the
Seffion2S. quoted in the Notes
of the precedent Chapter.
C5) Vor the Court o^ Rome,
always fubtle in Diilindions,
tliought fit to declare, after
the clofing the Council, that
the Benefices which had accu-
flom'd to be in Commendamy
might reafonably remain 'iO.
Now feeing tor more than ico
Years the i-opes had put almoil
all the regular Benefices in Com-
mendam. there were very few
left, ^vhich had not had two or
threeCommendatories.and con^-
iequently Cuftom was always
adjudge b to be on their Side,
for being in Cowmendam.
* See the Rules in Chancery,
tempore Innocent. X.Rule i.
Q. obtani'd
726 Of Ecclesiastical
obtain'd by any Perfon who had been an Officer in
the Court, tho' he had quitted the Office. To him
alfo are referv'd all Patriarchats, Archbifliopricks,
Biihopricks, and Religious-Houfes of Men, which
exceed the Value of 200 Florins of Gold f v like-
wife all Benefices becoming vacant by the Ceffion,
Deprivation, or Death of the Collator, whoever he
be, until his Succeffor have obtain'd peaceable Suc-
cedion : All the chief Dignities in Cathedral and
Collegiate Churches, Priories, Provoflihips, and o-
ther conventual Dignities and Preceptories of all
the Orders, except the Military : Benefices held by
any Domeftick of the Pope or Cardinals, tho' he
were no longer in their Service, and tho' he had
quitted it, or tho' his Mafler were dead : All Be-
nefices held by Colleftors and Sub-coUe^ors.^ All
held by Roman Courtiers, who happen to die in
in the Journey, when the Courts travels : All
held by Chamberlains, and Criers or Serjeants'^.
Befides all thefe Refer varions,which in Reality com-
prehended all the principal Benefices, and a great
part of the refl, the Pope generally referves to him-
felf all thofe which fliould become vacant in eight
Months of the Year -f^, leaving only four Months
of Dilpolal toothers: And yet this is only for
flich Benefices as are not of the Number we have
recited. Laflly, a Conflitution of Plus V. referves
all Benefices vacant for Hereiy (4), or for Co-rifi^
dc72t'lil
\ Rule 2. ^ Rule 4.
* Rule 5, 65 7.
f Rule 9.
(4) Omnia & fingula bene-
ficia Ecclefiaflica, cum cura;, &
iine cura lecularia, ^ ciuorum-
vis Ordinum etiam S. Joannis
Hierofolymitani; ik aliarum
quarumvis milidarum legula-
ria, quGecunq; & qualiaeunq;
fint, edam fi fecularia, canoni-
catus & prebend?e, dignitatem
dc perlbnatuSj adminiftrsrtiones,
vel officia in Cathedralibus e-
tiam ^Vletrapolitanis, velGolle-
giatis, ^ di^nitatcs ipfe in Ca-
thredalibus
Benefices and 'Kevcnucs. 227
liema^(^), and all that fliall not be confcrrM accor-
ding to tiie Decree of t^ie Council of Tnm {6). So
threda'ibus etiam Metrapolita- rum hujut'modixaufas;, per ncs
nis poft pontiiicatus majores^ leu
Collegiatis Eccleliis hujulmodi
principales Regu'aria vero be-
neficia hujut'modi, monafteria
etiam conllftorialia, prioratus,
praepofiturse, praepofitatus dig-
nltates etiam conventualcSj, vei
officia etiam daullralia, ac hol-
pitalia^ &:pr:sceptori^, ordina-
tioni & dirpenlationi noftrDC 6c
ledis Apoftol. hac perpf;tuo va-
litura conftitutione, authoritate
ftpoftolica, tenore praefentium
refervamus Dec'arantes omnes
& qua'cunq-, impetrationes de
beneiiciis quomodocui;q; quali-
£catisj in futurum faciendas, ek
obtinendasj beneiicia hujulmodi
propter hserelim vacantia, ,is: in
futurum vacatura, non compre-
hendere, nifi Ipecialiter vaca-
tionis modus propter crimen
hgerefis exprellus fuit. JDecret.
lib,'], tit, 11. cap, ^. This
Conftitution is in 'January ^,1 ^66,
* Which is keeping a Bene-
fice in private Truft for ano-
ther.
(5) Ad aures noftras perve-
nit^ ut nonnulli non veneantur
beneiicia fecularia, &
regularia inCcniidentiam,quam
Simoniacam pravitatem (ape re
non ignorant, acceptare, ac re-
tinere. Nos ne abuius,
vel potius deliftum hujulmodi
ulterius progrediatur, celeri r:-
medio providere volentes, prse-
miflbrum omnium cognitionem
nobis, & lucceiroribus noitris
Rom. Pontiiicibus refer v antes,
omnes & fingulas confidentia- mus.
jummarie, llmpliciter, ,:>: de
'piano, audiendas, cognolbendas,
decidendas, 6^ totaiiter exe-
quendas, nd nos avocamus, de-
cilionlq: & terminationipernos
liiper illi.s laciendse ftandum, ac-
quielcendum, 6c om.ninoparen-
dum & obediendum fore, fta-
tuimus »Sc ordinamus. Vscret,
7. tit. io« cap, ic,
{6) Ncs ad quorum notiam
pervenit^nonnuilosex venerand,
fratribus noitris A rchiepilccpis,
6c Hpiicopis, excurrente vacati-
one parochiaiium Eccleiiarum,
eas nullo aut minus rite iervaco
examine, prsefertim illo quod
per concur lum fieri dthti ex
concilio Tridentino, vel etiam
rite fervato examine perionis
minus dignis, carnalitatis, aut
aiium humanse palfionis ?.i^cd!:-
um, non rationis judicium ie-
quentes, contulifle, volentes
hujulmodi, ac etiam liituris pc-
riculis occurrere, authoritate
Apoftolica, tenore prajientium^
omnes 6c fingulas collationes,
provilloncs, inllitutiones, &
qualvis dirpoiiriones parochia-
iium Eccleiiarum abeildem E-
pil'copis, 6c Archicpiiccpis, ac
quibuiVis aUis collatcribus. prse-
ter Cv: contra ibrmam ah eodem
Concilio 'i'ridentino prsaicvip-
tam, fa(fh'.s, aut in futurum fa-
cicndas, nullas, irritas, ac nu'-
iius roboris tore 6c eife, decer-
nimus 6c declaramus eafq; om-
nes, fic vacantesj noilirce 6c fed-I^
Apoftolicse difpolitiord refsrva-
Jbid, (:ap,7,
that
ai8 Of Ecclesiastical
that whoever Hull put all thefe Refervations toge^
ther, will be found to have d^nQ the Pope no Wrong
in the Calculation, and that he hath at leaft five
times as many Collations as all the other Collators
put together. •
To give every one their Due, we ought not to
pais over in Silence the vigilant Care exprefs'd by
tliQ Popes, that the Bifliops them lei ves and the
other Collators Should have no Door left open to
pradiie any Abules. And therefore they have
never been allow'd to uniteBenefices for Life, nor to
put them hiCommendam for Li^Q'y nor todilpenfewith
the Plurality of Benefices which are incompatible ^
nor to grant RegreiTes or Coadjutorfhips with Sue-
ceflion in Reverfion : And now the Popes ihew the
fame Vigilance at this Day, in prohibiting the Pre-
lates to charge any Benefice with the leaft Penfion,
or to receive Refignations w Favorem : And even as
to ab lb lute Refignations, which have been of lo
ancient Ufige in the Church, Pius V. in •! 568. pro-
hibited all the Ordinaries, who received any Refig-
nations, under the moft grievous Penalties, from
conferring thQ Benefice refign'd, to any of the Pa-
rents, Allies, or Domefticks of the Refigner •, en-
joining too, that neither by Word, Gefture, nor
any other Sign, the Perfbn ihould have any Inti-
mation to whom the Refigner defir'd the Benefice
ihould be given (7).
CHAP.
(y) Caveant Epifcopi;, itemq;
omnes Eledlores, prselentatores
& patroni turn EcclefiaiHci,
quani Laici, ne verbo quid em
aut nutu, aut
figno
futuri
liujufniodi benenciis lucceflores
hh ipfis refignantibus, aut ali-
ilq; eorum iigniJiciitioDej vel
hortatu defignentur, aut de his
affumendis promilllo inter eos,
vel etiam intc;ntio qualilcunq;
intercedat. Ceterum prsecipi-
mus atq; interdicimus, ne ipfl
Epilcopi, aut alii collatores de
benific'is, & officiisrefignandis,
aut fuis; aut admittentium con-
i'anguineis.
Benefices and 'Revenues, 72^
fenquineis, affinibui', vel fami- 1 neant, donee remiflionem a
liaribus etiam per fallacem cir- Rom. Pontifice meruerint ob-
cuitum multiplicatarum in ex
traneos collationum, audeant
providere Qui contra fe-
cerint, a beneiiciorumj & ofR-
ciorum collatione, nee non elec-
tione, praefentatione, 6: inftitu-
tione, tarn diu i'ulpenfi rema-i
tinere ; & qui ta'ia bcneficia
leu officia receperint, eos prje-
dictis poenis voluiiius lubjicere,
Decretal Hb, 7, Tit. 14. cap. 9.
This Decretal is dated jlpril i,
1568,
CHAP- LL
IT is conftantly maintain'd by all the Canonifls
and Caliiifts, that all Compads or Bargains in
which Benefices are conceni'd, are limoniacaij when
it is done without the Pope's Concurrence, but that
being obtain'd, gives a ^anftion to every Thing ^
founded on this univerlal Propoliticn, That the
Pope cannot commit Simony in beneficiary Alat-
ters.
This being a DoOrrine with which the World is
not much edify 'd, ibmc Canonifc more modefl than
tliQ reft, diftinguiih betwixt a Simony forbid by
the Lavys of G O D, and one forbid by human Laws
only(T;i: Adding withal, that tne Pope alone is
not capable of committing Simony of the latcer
Sort : Bui: this Dillin^lion feems to clear no Diffi-
culty •, for that which is not evil in its own Kature,
nor forbid by GOD, deferves not the Name of
Simony : Befides that ic is Labour loil to make a
Law, and not to have it obferv'd. But whoever
fi) This is the Diilinaionl followed by all the Trawcn-
Upon the Glols, upon the Chap- W^w. See Feli}t ad cap. ex
ter. Cum pruiem 4. verbo [HliAparte i?. Nuf77.i, extra de cf-
(lt(i\ extra dc ^mTis : Y^'hidils^ fuio^i^dhis delegatL
Q^ 3 reiieQ:s
a^o Of Ecclesiastical
refle^ls thorough!)^ on this Point, without feeking
a Subteriuge or Evafion by Words, will fee that
both the one and the other bimony is prohibited by
GOD.
Certainly it is a Juflice which cannot be denied
the Pope, that he hath held the Biihops lo firidly
to their Duty, that he hath nothing to anfwer for
in that regard. And it is a fignal Inftance of the
Divine Favour, wnich hath enabled the Popes to
preferve the reft of the Church fo untainted from
tliQ Corruption of Simony, fince they have not
been able to defend themielves, nor their Court
froin th.Q hifeclion.
And as we may have leave to hope (2.)^ that one
Day vnW produce feme Pope of 16 much Vertue,
as to make a Reformation in his Court ^ there can-
not furcly be a plainer Road than is already mark'd
out to h^"m., to accomplifh it, in putting himfelf
under the Obedience and Diicipline of thole Laws"
which have been practised with ib much Rigour on
the otlier Biihops. Then we Hiould loon lee the
happy EfFecl, if it were not defeated by Flattery
and Infmuations very improper for great Rerorm.a-
tions ^ luch a-^, that the Popes who are, through-
out all Italy and in iom.e otlier Places, in PolTeffion
of a Privilege 16 valuable, as not to be liibjefted to
any Rule, have not Reafon to diveft themielves of
the Right (s) h ''^"'^ ^^ ^ mianifelt Prejudice to the
ii
(2) Chiefly at this Day,? (3) For ths Court of Horns
when God hath given the | hath eftabliilf d it as a funda-
Church a Pope irreprehenfible, I mental Maxim, that the Pope
and who having lb conftantl}- hath not the Power of making
renounced the rlefh, and the any Alteration in the Papal Au-
Inciinaiions ox Blood, may lay thority, and confeqnently can-
with St. Paul, Mlhi mundus j not, for any Reafon whatloever,
(rucifixus efii C? e^o /ww;^!?.) lawfully releaCe any Rights nor
Galat. ultim. would it be valid.
Apoftolick
Benefices and Revenues. a 5 i
Apoftolick See. Which is a Rea foiling fo dire^Iy
contrary to the profeis'd Do^^rine which the an-
cient holy Pope? and Fathers have taught.
But it is eafy to determine, by what hath been
iaid, that if the Pope have fo ablbUite a Power over
the Benefices and Ecclefiaftical Goods, he is fiib-
jeft to no Rule himfelf in the Difpenfation of
them. For to reafon juftly, If the Church of every
partiailar Place be abfolute Miftrefs of the Goods
ihe is poiTefs'd of, becaufe thole who had the Pro-
perty of them before, had transferr'd it to that
Church with the Permiflion of the Prince, v/ho,
by Virtue of his Laws, had made it capable of ac-
quiring Eftates, it follows, that thefe Eftates .ought
to be under the Management and Adminiftration
of thole, to whole Care they are committed ^ firfij
according to the Law, feccndly^ according to the
Conditions prelcrib'd by the iiril Owner, viz,, the
Donor or Teflator •, and finally ^ according to the
Dire^lions of the Church to whom they belong ^
provided ftill, they contradid not the Difpofition
of thole from whom Ihe derives her Fvight.
This is ib evident, and carries fo much Con-
viction along with it, that v;hoever difp utes it,
le ems either to be void of common Sen le, or wil-
fully to renounce the Light of his own Realcn.
The Church-men have the Adminiitration of
thefe <jOods, by Virtue of the Laws, which have
impowered Chrillian Communities to acquire im-
moveable Eftates, by the Will of the Donors and
Teftators who have bequeathed them, and by the
Authority given by the Church, declared in the
Canons. They are therefore oblig'd to govern and
difpenfe thefe Goods according to the Laws, Con^
ditions, and teftamentary Difpofitions, and withal,
according to the Canons : And whatever is done
Q. 4 contrary
2^2 Of Ecclesiastical
contrary to thelc, can be accounted no other than
Injuftice and Ufurpation.
The Canonifls lay, That the Pope hath a Power
lb abfokiLC over the Eccleiiaftical Goods and Bene-
fices, that he can unite, divide and beftow them in
whatfbever Manner hepleafeth, confer them before
they be vacant, ercd new ones, impole Services,
Burdens, and Penlions, in which no Bounds can be
let him (4) ^ and finally end in this decifive Con-
cKifion, That in Beneficiary Matters, the Will of
the Pope {lands in place of Reafon.
It is not eafy to carry a Doftrine higher, than,
where Reafon is declar'd ufelefs, yet they ftop not
here, but add, That the Pope can change Dilpofi-
tions of Wills (5) ; and apply the Legacies of Cha-
rity
(4) St, Thermos did not be-
lieve this, who fpeaks to plain-
ly, declaring, That the Pope
is only the principal Difpenfer,
and that Honefty and Fair-dea-
ling is abiblutely neceffary to
that Trwl. He' Ipeaks of Bi-
iliops, among whicih he includes
the Pope himlelf in thefeTerms^
Ecckfiafticorum bcnorum funt
dif^enjat-res ^■e/ prccuratcres —
ad dijpenfatcre^^ autem requtre-
tur b:na fides, 2. 2. quell. 185.
art. 7. Now Konefty and Fair-
dealing are as incompatible with
the DiljpoHtion y^d Nutu7n, as
Liberty with Servitude. And
coniequentiy, ii" the Pope is
fubje<ft to the fame Infirmiti-s
with other Men, and to the
fame Palfions, his Jd JSTutum
may Ibmetimes occafion Evils,
if-' Princes and Eiihops always
left liim to himlelf.
(<,) Saith the Author, to-
wards the End of his 6th Book
of the Fiiilory of the Council
of Irenty As Vvills take their
Force from the Civil Law, they
cannot be changed, but by the
Prince or Tv agiilrate. And if
any one fay, that it is the Law
of Nature whi:h gives them
Force, it is anfwer'd. That it
is for that very Reafon that the
Ecclefiatlicks ought ftill to have
lefs Authorit}-, Imce ngne but
the Prince who can difpencs
with this Law, when there is
Reafon to dcT it. Now, ac-
cording to St. FauU theMini-
fters of Chriil have no Adminj-
ilration but in Uivine Matters.
It is worthy of Oblervation,by
the way, that the Roman Jvla-
giUrates were ib religious in
Point of Vvilis, that even j.'i^e-
riP:,i could not obtain, that the
JVionev
Benefices and Revenues. 155
rity to other Purpofes than they were given. And
it cannot be denied, that this Praftice has intro-
diic'd all the Changes which the Church has un^
dergone in her Inllitutions and Pollicies : The Qiie-
fbion ftlil remains, if it can admit of any Doubt,
who hath err'd, the Ancients, or the Moderns.
Martin Navarr^ with fbme others of the mofl
moderate among the Canonifts, reftrain the Propo-
rtion of their hi gh-ilown Brethren to this, That
the Pope may only alter Teft anients, when there is
a lawful Caufe for it. Otherwife it would be to
deprive a Man of what is his own, and of the
Right which the Natural and Divine Law gives him
over it : And then proceeding to infbance in Par-
ticular, adds, That the Pope cannot, without good
Caule, give to one Church what hath been left to
another (6) : How much lels then can he do it to
Perfons not nam'd ?
He faith withal, that this AlTertion of the Ca-
nonifts. That the Will of the Pope is of equal Au-
thority withReaibn itlelf in Beneficiary Matters,is to
be underftood only of fiich Things as are of poflitivc
Right, but not of luch as cannot be put in Pra£lice
without violating both iho. Natural and Divine
Lav/ : And thofe who do not allow an unlimited
Power to the Pope, Ihould bring the Canons of the
Money left by Will to build a
Theatre, fhould be employ 'd
to another Uie. Cenfinte, iaith
Suetonius y ut Tre bints Legatatn
hi opus novi Theatri pecuniae ad
munlticnem vix transferre ccn-
isd^retur, cbtinere ncn pctuit,
qu'm rata voluntas kgatcris ejfet.
In Tib.
(6) Qu^myis, faith Felinus
ad cap, quae in Ecclefiarum
Mum. 44. extra de conftitutio-
nib. refpeilu beneficiorum la-
tiffima fit potellas Papx, tamen
relpeftu bonorum ipfaruni Ec-
clefiarum fecus, Unde non
potefl; auferre bona unius Eccle-
iiae, & dare alteri, fine caufa, ut
notat Glofla. ride Archid, ^
Dominic t in can, i. dlft, lo.
uj^iverlal
2^4 Of Ecclesiastical
luiiverfal Church within thQ lame Limitations, to
avoid falling into an Abfurdity of ib much Confe-
quence. That the Church hath err'd in fb impor-
tant a Matter, while the Court of Rome hath afted
uprightly.
Navarr adds farther. That in the Clementwe^
where the free Difpofal of Benefices are (aid to be-
long to the Pope (7), is not meant by the Word
free a Difpofal abfblute, and without Permiilion or
Confent of any Perfbn whatfbever ^ but only a Dif-
pofal without Prejudice to any Body elle. Kow, if
we ihould admit a Conftru^lion that appears fb rea-
ibnable, it would make ilrongly againft Referva-
tions, feeing they are prejudicial to the Bifhops.
The Popes could no longer give Benefices to Stran-
gers, feeing that would be prejudicial to the Natives
of the Place, in Favour ot whom the Requeils had
been made : And it favours as little any Pretenfions
to a Power of altering Teflamentary Difpofitions,
by being fb injurious to the Memory of the Dead.
I know very well there are others who are ready, to
admit all this to be true, provided there be no law-
fiil Caufe to the Contrary. But the Qiieflion is. Who
is to be Judge of the Reafonablenefs of the Caufe ?
For if he, whofe Authority it is deiign'd to reflrain,
be the only Judge, it is the fame thing to give him
the abfblute Power, as to limke it by any Condi-
tion, if the Law is not fuperior.
What Navarr farther adds is very remarkable.
That in our Age, the Opinion of the Lav^yers, who
enlarge fb much on the Power of tliQ Pope in Be-
neficiary Matters, is extreamly countenanced, be-
caufe it gratifies the Avarice and Ambition of thofe
(y) Ad quern Ecclefiarum, t & libera difpofltlo nefcitur per-
dignitatum aliorumq; bentii- ■ tinere. Ckmcnt, Ub» l» tit,'^*
ciorum EccleliaHicornm plena, cap, u
who
Benefices and Revenues. ^55
who are in pnrfiut of many Benefices , and that he
had heard a Divine and a Canon^'ft^ both famous in
their Profeilion, pubh'ckly declare, that they would
make no Scruple to accept -all the Benefices in the
Kingdom, if the Pope would io beflow them (8) ;
But that on the contrary, Pius V. in Difcourfe one
Day told him. That the lawyers ordinarily attri-
buted more Authority to the Pope than belonged to
him : To which Navarr anfwer'd, That there weio-
fbme alio, who would take a great deal from him:
of w^hat belong'd to him ^ and therefore a middle
Courle was to be taken, in accomxmodating equitably
betwixt Divine and Human Laws : Kot following
here in the Example of the modern Lawyers, who
carry the Authority of Human Laws ib high, that
they decide in their Favour againft the Divine (9).
However, tho' thQ Reipcft due to the Pope will
not lliffer mc to contcll: an Opinion, which gives
(8> The}- are }et more icru- 1
pulousthan .in Abbot, Avhom I
heard lay. That he would make
no Scruple to hold 3000 Abbies
or Priories, if the King would
give them him : A Declaration
worthy of Man, who is nei-
ther of the Religion he profcf-
feth, nor of that which he quit-
ted, in ord;fr to get Benefices :
And who enjoyeth one at this
time, among others, which he
won ofthe Collator, at a Party
at Picket.
(9) The Canohifb are not
contented to give the Pope an
abiblute Power over all Men,
but have extended it even to
the Angels. T'^idt: FeVin. upon
the Chapter Cancnum Statuta.
^um* 6, extra de ccnjtitut, and
Declus tipon the fame Chapter,
led:, 2. num. 21. where belays
down for a Rule, That the
Pope alone hath more Autho-
rity than all the Angels put to-
gether, Ma\cr ej}, faith he,
cwthjritas Tap,£, quan? fanclo-
rum.
To fee on what Foundation
the Pope's Pretenfion is foun-
ded, cf his being Mafter and
Lord ofthe whole Earth, there
needs only to read the Com-
mentary o^ Innocent IV. upon
the Chap, 8. extra de veto, ^
veil Redewpt, But this Preten-
fion is well refuted by Femand
T^afquex^ Vtb. i. Ccntrcverf, iU
lufir. cap, 21, and hy Grctius
m Chap, 3. of his Marc Libe^
rum.
him
2^6 Of Ecclesiastical
him fb much Power, yet I cannot comprehend, how
it can be made to confift either with Divinity or
Realon. I will therefore only propound fbme Dif-
ficulties, wliich are commonly ftarted by thole,
who have writ on .this Subjeft ; the Refolution of
whicli, would put the Matter in a very clear
Light.
CHAP. LIL
dUESTON I
T< H E firft Qiieftion is. If the Pope hath fo
large an Authority, who hath given it him ?
It is plain not Jesus Christ, leeing the Autho-
rity derived from him, extends only to Ipiritual
Things ; that is to fay, to bind and loofe, to remit
or retain Sins (a). As for Ecclefiaftical Goods, we
have already proved, that they are poiTefs'd by Hu-
man and not by Divine Right ■^. The Pope there-
fore hath received no fuch Power from GOD.
And it is plain he hath receiv'd none from Princes,
Teftators, and Canons of the Church ^ becaufe all
thefe have committed the Adminiftration of the
Goods and Benefices of every Church to the Ec-
(a) Tibi dabo, fartb Jefus
Chrift to St, Peter, Claves rcg-
ni ccelorum. Et quodcunq; li-
gaveris luper terrain eritliga-
tum &: incot'lis. Mat. 16 ^ 18.
Quorum remireritis peccata,
remittuntur eis, S: quorum
/wy KingdofTJ is net temporal)
letinueritis retenta^ Jean, 20.
By the Keys of the King-
dom of Heaven, Jeius Chrill
giveth St. Peter to underiland,
that he gives only a Ipiritual Ju-
rifdiAion, leeing his Kingdom
is purely ipiritual. Regnum
meum ncn efi de hoc mund'u
* Article 20, Queft. i.
cleiiailicks^
Benefices and Revenues '2^j
cleliaflicks of the Place, and under fiich exprefs
Conditions as cannot be alter'd. Seeing therefore
no other Patrons or Owners can be found but thefe,
and that there is no other Right but what iiows
from them ^ it remaineth to inquire by what other
Channel this Authority could be convey'd to the
Pope.
Q,U E S I O N IL
To tliis Qiieflion may be added another as mate-
rial, which is, that if he hath this Authority,
whence comes it, that his PredecefTors for more
than looo Years have never exercis'd it ? And that
neither Councils, Fathers, ' Canons, nor ancient
Hiftories have ever mentioned it ? They cannot
afcribe it to the different Circumftances of Times
in the Church, as requiring it more now, than in
fo many Ages paft : For from the Year 800. until
1 100. the Confulions and Corruptions were fo
great, that ours are comparatively inconfiderablc :
Yet no Pope then ever concerned himfelf in the
Management of the Eftates of other Churches, as
much as they wanted Regulation : And even after
the Popes had begun that Practice in fbme meafiire,
none of them ever pretended to fo abfoiute a Power
and Diredion, before Clement IV. Kor even did
that Pope venture to lay a dire£l Claim to iuch a
Power, touching it only in pafTlng, and without
the Appearance of any Delign in mentioning it ^,
A way of fpeaking which feldom ufeth to be con-
vincing, feeing things that are occaiionally men-
tioned, and as it were by Accident, are commonly
* See Chap,'^'^, and the De- 1 cretal of Pope Ce^nenty in the
* Notes.
exprefs'd
a^S Of ECCLESIASTICAI.
exprefs'd in another Manner, than if they were di-
rect Propoiicions to be examin'd and difcufs'd.
Nor can any good EfFed it has produc'd be nrg'd
in Defence of this Authority, which hath open d
Co wide a Door to all the Abufes. From this
Quarter have come Penfions, Commendams^ Re-
greffes. Unions, Reflgnations, Expeftatives, Re-
fervations. Annates, Quindenniumsj and other De-
vices, which have broke in upon us, and which
none pretends to approve, or excuft, other wife
than by the general Corruptions of the Times.
Q.U E S T I O N III.
There remains a third Difficulty upon this
Point, no lels confiderable, which is, That ever
lince the Popes firfl began to exercife this abfolute
Power, the Chriflian Princes have conflamly com-
plained, and made Oppofition, as we have above
related, whicli- hath obliged tho. Popes to reftraiii
the Exercife of it>
But it hath not been fuch a Reflridion, as hath
amounted to a vohnitary Ceifation of that Autho-
rity, but ratiier a fort of Contract or Compromife,
ufiial in the Gale of doubtful Rights, whereby it is
flipulated and declared v/ith Princes, how far their
Pretenfions ihall extend, which cannot be carried
to the Prejudice 6f the Popes their Succeffors, if
the Authority of the Pontificate were not before
reftrain'd within any Boundr. Leo X. when he
took away th3 Pragmatick, eflabliih'd the Concor-
dat, and fo he ftiles it in the Bull. Now, whoever
hath a full and abfolute Authority, cannot be faid
to
Benefices and Revenues* 2^9
to make any Agreement (i), but treats as a Supe-
rior with his Subjefts, and by way of Conceflions :
And I lay not this Strefs alone upon the Word Con-
cordat, but the fame Argument holds in all the like
Cafes. Kot only Leo ftiles it in his Bull Crjcor-
dia (h)^ but farther explains himfelf in thele Terms,
jUam ven contraElus & ohligationis inter nos^ & fedem
uifoftoltcam ex nna^ & trancifcum Regent ex altera
fartibus legitime uniti.
If any one require here a firther Explanation, it
is very obvious. The holy See is at Difference with
the Kingdom of France : The Popes claim an ab-
folute Power over all Benefices, relerving to them-
felves the Difpofal of them, &c, Trance on the
contrary maintains. That fiich an Authority be-
longs to its own Biihops : To put an End to this
Ditference, they come to a Declaration of their
Rights, that lets Bounds to their Pretenfions on
both Sides. How then can theie Pretenfions be
laid to have any fix'd, indiiputable and natural
Right ?
If there be any better Anfwer or Solution to be
made to thele Difficulties, I profefs my own Ina-
bility to find it, and mull refer my felf to xhs:
Judgments of the Learn'd. I can only fay, That
if the Practice of the Church for more than loca
Years had been yet preferv'd, which was. That tlie
Eftates of every Diocels were managed by its own
proper Minillers, all thele Grievances had been
prevented, and the Revenues had doubtlels been/
(\) This is perhaps one of
the Realbns, why Leo would
not ili/Fer the Council of Za-
tcran to call it the Concordat
in the Decree, where it fpeaks
of thv SupprelTioii of the i^yag-
niatick, tho' the one hath as
much rehtion to the other^ as
the Achat is to the Vcnti,
(b) Concordiam cum Fran-
cii'cc inviolabiliter cticrvari de-
iideramus.
more
240 Of ECCLESIASTICAX.
more uieflilly and faithfully applied than they arc at
this Day, if we were capable of profiting by any
Examples.
(QUESTION IV.
Having in the three firft Qiieftions treated of the
immoveable Eftates of the Church, we come now
to the fourth, which concerns the Fruits or Reve-
nues arifing from thole Eftates.
All the Fathers who have writ before the Divi-
sion was made of the Goods of the Church into
four Parts, have all agreed, that they belongM to
the Poor ^ and that the Ecclefiaftick Miniiler had
no other Right in them, but to manage, direct,
and dilpenfe according to thole I'^ecefTities ^ treating
as Robbers, and facrilegious Perfbns thole Mini-
fters, who applied thole Eftates to any other Pur-
poles than the Defign of their Inftitution. Yet all
the Ecclefiallicks had not the Management of the
Church Eftates, tho' they were maintain'd out of
them, as well as the Widows, the Poor, and other
miferable ObjeO:s : But this Care, after the Example
left by the Apoftles, was committed to the Deacons,
Sub-deacons, and other Oeconomifts (i), who gave
Account
(i) The Church being be-
come rich in PolTeffions, and
the Deacons and Eifhops dift-
rafted with the Care of them,
the Council of CaJcedon order'd
that the Biiliops fhould appoint
Quoniam, faith the Council,
Can, 26. in nonuliis Ecclefii?
Epifcopi abiq; Oeconomis trac-
tant res Ecclefiafticas. placuit
omnem Ecclefiam Epircopum
hahentem ex proprio Clero Oe-
a Steward to look after the Re- conomum quoq-, habere, qui ex
venues of the Churches. Epifcopi fui fententia res Ec-
ckiiafticas
Benefices and Revenues* 24
Account to the Biihop ^5 and in Ibme Places to the
Presbitery (ij.
After that Benefices were inftituted, it leems pro-
bable that the Biihop, Priefls, and other Clergy
dilpos'd as freely of the Revenues of their Benefices
as of their own Eflates, and as of the Share which
properly belonged to them. Yet all Vv^riters fecra
to agree, that the Priefl ought not to take any more
of the Revenue of his Benefice, than what was
ilri£]:ly neceffary, and that is obliged to employ
the rcfl in Works of Charity ; and certainly with
great Realbn, for the. Divifion which was made of
the Revenues could liot change their Nature : For
if an Eftate which hath a Duty or Charge annex'd
to itj comes to be divided, both the Parts are fiib-
jeft to the fame Obligatioii.
; Among thofe Fathers who have writ fince the
Divifion, St. Gregory who liv'd fbmething more than
100 Years after, and St. Bernard who liv'd about
800 Years after him, inveigh loudly againfl thofe'
who make an ill Ufe of the Revenues of Be-
nefices, as Ufiirpers of the Publick Goods, and
cle/i?fl:icas difpenfet, ut nee fine
teftibusfit Ecclefiae adminiftra-
tioy atq; adeo res ejus dilfipen-
tur, &, probrum ac dedecus I'a-
cerdotio inuratur: Si autem
hoc non fecerit eum divinis e-
tiam Canonibus iUbjici. Vzde
Can, 1 1. Ccncil, N'tcxni 2.
The Stewards were: call'd
Vke-Dowhjiy as may be leen
by the Canons Volumus 2. ^
J)iatwnum 3. Aifl, 89. which
are taken from St. Gregory,
'\\\Q VicS'Domini of the Bi-
fliops, faith tlie PerrcnUnay
were certain Lords, who were
Vicars of the Eiih.ops in their
Temporalities, but Lords of
the Soil.
, '*■ Vide Jvlomocan. Phoft",
tit. 10. cap. 1. 6: ibi Balzamon.
(2) They fo call d the Coir
lege of Priells and Deacons. All
Affairs laid before this College,
who examin d and reported
them to the General Ailembij'
of the Faithful.
R
Murderers
04^ Of EcCLESIASTICAi:
?vlurderers of the Poor, whom they ought to
feed (a).
This hath been the Language of all the DoO:ors
and Writers on this Subje^l, until the Year 1250.
when tiiey began to refine upon it with more Sub-
tlety: And as what the ancient Writers affirm'd was
admitted, That every Clergyman fanned, who em-
ployed the Overplus of what w^as neceilary for him,
to ill Purpoies, th^ Qiieflion was now fiatecl, Whe-
ther thoie Beneficiaries w^ho did not employ the
Overplus to the Uies he ought, did not offend
more than he who fpends his own Eflate to ill Pur-
poies ? Or, Whether they be not oblig'd to Refti-
tution as much as if they had Ipent another Man's
Eflate ?
It they really be the Proprietors of the Fruits of
their Benefices, or, to ipeak in the Terms of the
Civilians, Vfufrun:uariiy they iin indeed in adminill-
ring them ill, but they do Injury to none, and con-
iequently are bound to no Reflitution, lince they
have m.ade an ill ufe of nothing but their own.
But if they are only the Difpenlers, with a Power
of employing fo much only to their own Ufe, as
is neceifary for them, and no more, which the Law
calls Vfuaril (b)y they are obliged to make Reftitu-
(a) Cum nos, fazib St. Gre-
gory, lib. 3. cf bis Paflcraly
Admonit, 22. neceliaria indi-
gentihus miniitramus, iua ill is
reddiinus;, juflitiseque potius
deb'tum quam miierecordise o-
pus implemus.
■ And to the fame Purpofe
{iiith Peter Cantort That the
Chariti:is giveu by Beneficiaries
are not properly given to the
Poor, but to Jelus Chrift,
whole Patrimony they have the
Care of, as Difpenlers and Exe-
cutors of his Will ; which if
they do not taithfully perform,
they are no better than fo
many Robbers.
(b) Cum ufuarlitantum, non
ufufrucftuarii, fint, omnes Ec-
cleli:fi proventus folo nudo ufu
excepto pauperibusj quiEccle-
flas bonorum vero domini funt
dare vel potius redd ere tcnen-
tur. Tbe Prefident du Ferrier
in cne of his Harangues to the
Council ofXxQDU
tlQ%
Benefices and Revenues a/^.'j
tion to the Value of what they had dilTipated : And
which is more, whoever receives any Gift by the
Will or Donation of fnch as have no Right to give,
he alio is oblig'd to make Reftitiition.
A real Scruple of Confcicnce firfl gave Rife to
thefe Doubts, which after having been canvas'd for
350 Years (3) remain undecided at this Day, with
an equal Mumber of Authors on both fides to fup--
port it : And it hath been lately reviv'd with much
Heat and Wrangling betwixt Alartin Ndvarr^ a cele-
brated Canonift and Cafuift, and Francis Sarmie'/ito ^ :
Navarr maintaining, that Beneficiaries are not the
Proprietors, but meerly the Dilpenlers of thole
Revenues ^ fo tliat they who fin are obliged to make
Reilitution.
Cardinal Cajetan holds a middle Opinion, fiyingj
That Beneficiaries who have no more than what is
Ih'iO-ly their ov^rn, or but a little exceeding, are
truly Proprietors of their Benefices, becaufe they
hold no more than what is the Share that is diie to
them : But this cannot be faid of the rich Bifhops
and Abbots, whofe Revenues confifiing botli of the
Church's (4J Share and the Poor's, oblige the Benefi-
ciaries in Jufiiice to beftow largely in Alms, and
other pious Works, under Pain of Reflitution, both
in thole who lay it out other wife, and in thofe who
(3) To reckon from the
Year i2«?o. -when, lie faith,
this Queftion began to be feton
Foot ; which points at the time
when Fra. Paolo wrote this
Treatife, vi^* in the Beginning
©f this Age.
* In hij Treatife deRsdditi-
bus Ecclejiaflich the Arguments
of Navarr and Sdrj7?ientc are re-
lated by Gardasy in his Trea-
tife de BemJlciiSi part. 2. cap. i,
(4) That is to f-'.y, of what
belongs to the Frbrick, which
they are entrufted to look af-
ter.
R i
recfive
a44 Of Egclesiasticai.
receive it (c). Nay he carries it & far, as to fa>%
Thiit whoever receiveth from the Pope any Prefer-^
maits^ or Eftates belonging to the Church, in or-
(c) KedSms Epifco^ales aut
fct teiiues^ ita quod luffi-cknt
pro f«tbi*d£o Epircopi;* aut funt
raediocres, ita quod fufficiant,
& parum. alniTjdant ; aut Iknt
alumdantes notabiliteriupra id
f\uod FieceJOfarium eft ad luften-
tatioTjem Epifoopi. Et fi pf imo
aut fecundo modo fe habent,
cttmcoiT^etj quod princijpa liter
ordli?.aptur ad Epilcopi liiften-
tatioBcm, idem videtur de re-
ditibas I^is judicium, quod de
praetl^T^dis Ckrtcorum {yhferve
til at Se hatbfazda Uttle he for e^
that ibs Revenue cj the Bifljop is
at k mere his Vrthmd-, Conftat
autem <]ia (xi reditus Epifcopi eft
ficut Frae^^endailliusJ itaquod
quia quod panun fuperabundat,
pixj nihi'o a jare computatur
prcpterea j^m obligatitur tales
Epifcopi ad hujuimodi diftribu-
t3.op.em (icilicet in patipcres, &
f^ibricam) H aiitem redditus
furzt pm^ues ^ abund antes, ita
lit f^jpientis anim-3 cadere non
poifit, quod iint Hpifcopo affig-
rmX pro ejus (uftentatiojie, tunc
teiietur Epilcopus duas quartas
^Q. i\\tTm.% diilrlbaere in paupe-
res, <s: ecciciias fabrlcam, leu
fuptne£tilem, ^ cetera. Et
ratio eft) quia ex hoc, quod
clen'cihahei)treorfurn (uain por-
tiorjem, non eft lubtra6la a jure
paucnirlbus portio illis dthita
CAJuti; & imilliter Don eft fa-
bricat fiibtracra a jure portio illi
ex jtire deb'ta j ied bona ^t^Hl-
copalia remanent affe<fla tali ju-
ris dilpofitione antiqua & fanfta,
ita quod quemadmodum, quan-
do €rant communia Eccleftafti-
ca bona his quatuor icilicet E-
pifcopo, Clero, Pauperibus, &
FabricDC commiffa erant Epif-
dopo cum vinculo, & debito
talis diftributionis, ita exclufo
uno membro, icilicet Clero
tali communitate, quia jam ha-
bet proprias prxbendas loco fuse
portionis, remanent bona Epif-
copalia communia reliquis tri-
bus^ ita quod pauper ibus rema-
neat debita quarta poitio. Com.
2(Ia,2d£, 4juefi, 1^5. art, 7, in
refp, adqutft, i.
Si autem, faith hey in. the
Anfwer to the fecond J^efiion^
redditus Epilcopi tantus eft, ut
rationabiliter appareat quod non
quafi prasbenda ilbi refpondeat,
led quia pater eft pauperum,
igitur tanta bona fuse iunt iidei
commifta ut diftribuenda
ita quod Epllcopus talis male
difpenians, & illi ad quos per-
veniuntj tenentur ad reftitutio-
nem omnium illorum, qux pau-
peribus vel eccleii3S debentur.
Rationabile autem videtur,
quod ii abundantes redditus ex
eccleiiafticis decimis, aut pol^
ieffionibus conftant, commifla
fint Epilcopis, ut patribus pau-
perum Epiicopo creditsj^ lurjt.
Ideo enim Epilcopis datae fuiit,
quia occulta fide perl'piciebatur
eos efle partes pauperum.
der
Benefices and Revenues. 2^15
der to enrich and agrandize himfelf in the Wodd,
are alfo obliged to make Reftitiition : All DiJiiatioiss
of the Goods of the Chiurh, which have not a
Motive of Piety or Cliarity, being no hnvfi^I jylS:-
ribution, but an hijuftice and a Diflipation (/),
Without refining and ilibtilizing too miKh on
this Subjed, all the Difficulties that can arife upon
it, methinks raay eafily be relblv'd. And iiril as to
the Revenues which are founded upon Wi]l% or
Ibnie other original Right or Inftitution, and dedi-
cated to fome pious L'fe, tor any Man to conveit
them to his own, or to any other fccular Ufe, is,
in my Opinion, an Abule ; which may phiiniy be
calFd an In valion of another Man's Property.
And if a Beneficiary ihould fail in performing 2ny
Taill in the Manner committed to him, either in
mifapplying the Revenues to himlelf or others^ 1
cannot comprehend how he Vv'ould be able, under
any Bull of the Popes, or any other Pretence, to ju-
ftify himfelf^ unlels he could prove himlelf not to
be exactly in the fame Situation with an £>xcutor,
who takes to his own Ule what the Teilatcr ielx
(d) Nee putes, faztb be,
propterea quod Papa liabet ple-
nitudinem poteftatis ecclefiaili-
cae, ob hoc poflit de bonis Ec-
clefix ditpoiiere ; quoniam ple-
nitudo poteftatis Ec-lefiafticae
intelligitur in I'piritualibustan-
tum Unde itatenentur ad
reflitutionen^ qui a Papa bona
JEcclefise pro libito Papae habue-
runt, ut ditentur, exaltentur,
& niagniiicentur. [^This gives
a deep Wound to the A'ep:i'//)»5
and condemns the Doctrine of
theCanonifts, who held, that
the Pope can give Benefices
j^d Ktifum, and that iri xlm
Cafe his Will ftands in place of
Realbn,] ^^ ioncludfSy oniuis
namq-, donatio ecclefiaftic3C rci,
pietate, vcl neceffitate^ vacua,
non diftributio, fed diffipatio
eft.- QmwznU 2^x, 24-^ ad
artic, 8. ^ua^ft. 43. 12. f. 2.
Anhid-^^fl Hugonem in Cz??*
ncn Ikeat J^apje, frntby tbat
Papa peccat mortaliter, d vult
res ecclefiafticas coKluirjere in
turpes ufus, vel dare confangui*
neis, ut eos divites prx aliis la-
ciat, vel at ipli cocfti-uant pa-
jatia.
K 3
24^6 Of Ecclesiastical
to others : And this is a Truth, which feems to
carry liicli a felf Convidion along with it, as I per-
fuade my lelf no Man can doubt, who is not wil-
ling to cheat himfelf.
On the other fide, common JuHice requireth,
that he whole Work it is, ihould pay the Workmen
their Wages ^ and it cannot be denied, but that the
Choriflers, the Organill, and other Officers of the
Churches are Judges of the Prices of their own
Service.
Keither is there any thing unreafonable in laying.
That the Priefts, and the other Clergy ought to be
paid their Salaries for the Services they perform in
thQ Church ^ and that they have the only Right
to fuch Revenues. And when a Benefice is infti-
tuted upon Conditions, which fubjeft to fuch and
Hich particular Services, fiich as are many Ganon-
ries. Prebendaries^ Theologales, Manfionaries (e),
and other Benefices of that Kind, there is no Ab-
furdity in laying, that thele are the Confiderations
for fiich Services.
The Inftitution of Benefices is ip ancient, that
the Memory of their Original is loft, as well as
whether they were lield at firft by the Tenures of
any Services. to the Church. But this a Man of
fcrupulous Confcience can no longer doubt, when
he compares the Revenues with the Service he ren-
dereth to the Church ^ in putting one of thele in
tiiQ Scales againft the other, he will cafily be con-
•vinced that the Benefice is the Salary for his Ser-
vice.
(e) yi^nCLonannSi faitb Onu-
perius in his Explanaticn cj Ec-
ekftajlical ISlameh dicftus cfl
Cuilos, & Conlervator sedium
exlelialHcarum, templorum, &
altarium. Item familiaris, 6c
domefticus a manfione. Hodie
in multis Ecclefiis extant, cu-
ramq; plalmodise & altaVium
habent. Thm thz Sacriftary
ccmts nzarcfl to the Manlionaiy,
Benefices and Revenues. 247
But where the Revenues much exceed the Portion
that is necelfary for the Inaimbent, who can be ib
weak to believe, that Revenues of that Size were
ever intended to be left him to difpole as he plealed,
and not to know, that there is a Duty or Charge
annex'd to the Benefice in its very Inflitution, con-
iidering the little Probability that fo large Revenues
ihould be defign'd for one Man (/J ?
Theie controverted Points among the Cafuifts^
lo full of Difficulties when they are propoled ia
Generals, are eafy to relbJve when they come to
particular Cafes : And, Confcience rightly con (lil-
ted, and in Peribns who have not ftified it with a
wilful Ignorance (5J, will eafily clear thefe
Doubts (^). For GOD leaves not the Mind of
thole to wander under any Uncertainties of Impor-
tance, who tread in the Paths delcrib'd in his Com-
mandments (h).
(f) Inlqua, faith Cajetan,
elTet lex decimarum in novo
teftamento, 11 ultra honorabile
lllpendium miniftrorum Dei,
tanta rerum afHuentia uni depu-
taretur, cum dam no totius po-
p^ilij nifi ut patii pauperum.
Comment. 2dje. 2t{je. artk 7,
^«e/?. 1S5. ?"» refp. adquefl, 2.
( 5 j Veritatem Y^^i m iDJufti-
tia detinent, Rom. i.
{g) InteliecVus bonus omni-
bus tacientibus eum, Vja], no.
{h) Deus enim iilis nianifeila-
yitj Rom* I.
R
CHAP.
248 Of ECCLESIAST^ICAL
CHAP. LIII.
As for any new Acquilitions, every thinking
Man, I believe, is feniible that they draw
towards an End \ or at leaft, that they are like
to encreafe but by very flow Degrees. The Clergy,
the Monks, and Military Orders have loft their
Friends. The Mendicants, who have reaped io
little Advantage hitherto from the Permifllon gran-
ted to them by the Council of Trent to acquire
Eflates, have no Proipeft of much more frpm it
for the fiiture : In places indeed where they have
already acquired any thing, and have not loft their
In te reft, they have moft Reaibn to hope for more
Advantages, tho' with no Probability of happening
in any conftderable Degree.
The others, who would not be compreliended in
this Privilege, I mean the Capuchines, prelerve
their Reputation becaufe of their Poverty : And if
they ftiould fuffer the leaft Change in their Inftitu-
tion, they would acquire no immoveable Eijtates
by it, but would lofc the Alms they now rf-
<;eive.
It feems therefore as if here an abfolute Period
weri^ put to all future Acquifitions and Improve-
ments, and that no more Advances could be made
in this gainful Trade : For whoever would go a-
bout to inftitute a new Order, with a Power of ac-
quiring Eftatcs, this Order would certainly find no
Credit in the World : And if a Profeflion of Po-
verty were Part of the Inftitution, while that h^f:d^
there could be no acquiring, nor Credit if they
broke it.
Yet
Benefices and Revenues. a 4 9
Yet our Age can boall of a Produftlon truly fm-
gular and original, and niferiqr to nothing of this
Kind, which hath appear'd in any Age. This is
the Inflitution of the Jefuits, who by a Mixture of
Povery and Abundance, conciliate to themfelves the
Efteem and Ajfedion of the World, rejecting with
one Hand, what they receive and poffefs, as a Com-
pany and Society, with the other, For tho' their
protefs'd Houies(i) are not capable, by their In-
flitution, of poflefiing immoveable Eftates, yet
their Colleges are capable of acquiring and poiTef-
fmg(2).
They fay, and certainly with Reafbn, that no
Government fmiple and unmix'd is peried, but that
Mixtures are found to have their Conveniencies, on
all Occafions : That the State of Evangelick Po-
verty emhrac'd by the Mendicants hath this De-
feft, that it is only adapted to fuch as are already
well advanced in the Way to Godlinels, whoft:
Kumber therefore cannot be very great. But for
their parts, their Defigns in receivmg Youth into
their Colleges is, to inflruct, and by an Acquiii-
tion of all Vertues, to fit it for a Life of Evange-
lick Poverty ^ fb that Poverty is indeed their De-
fign and effential End, but they grow rich by Ac-
cident.
But the Fafts we fee are yet a flronger Degree of
Evidence, than the Words we hear. They write
themfelves, that they have at prelent 21 profefs'd
Houfes, and 293 Colleges : From this Difpropor-
tion every Man may conclude which is the e/fential
Part of their hiflitution, and which their acciden-
,tal. Upon the whole it is not to be denied, than
(0 In which the Society ef- 1 (2) As being founded to tha
fentially confifts, as the General I End to entertain great Num-.
Zaine^ laid to the CouQ^^i*. I bers or" Students.
they
250 Of ECCJLESIASTICA JL
they have acqulr'd vail Riches, and that they are
in the high Road to encreafe them (3).
As all the Temporalities v^''hich the Church en-
joyeth arole from Alms and Oblations, ib in the
Old Teftament the Fabrick of the Sanctuary was
iiipported the lame Way (a). But when the In-
ipedors of this Work faw the People continue their
Oblations, tho' all was given already that was
needful, they faid to A^ofesj The People give more
than is needful ; and Mofes ftraight publiih'd an Or-
der, That no more fhould be offered for the ufe of
the San^uary, becaufe more than fufficient had been
offer'd already (b). By which it is manifeft, That
GOD would have nothing fliperfluous and fiiper-
abounding in his Temple. And if it were his de-
clared Plealiire in the Old Teftament, which re-
garded only the Things of this World, that all the
Goods of the Church ihould not go to her Mini-
sters, it is lels declared in the New.
(3) We may obferve here,
that Fra. Paclo had a true Hat-
red for the Jefults, as a good
Venetian and Republican^ for
theirlnilitution, which is wholly
Monarchical, I'eems incompa-
tible with the Maxims of the
T'"ai€tian A rifltocrac}". A nd it
was one of the (Irongeft Reafons
which the Doge Leonard Dcnato
urged to the Cardinal de^cyeufe,
who iollicited their Re-efta-
blilhment with great Warmth.
(an. 1607.)
To which add, that this So-
ciety hath more Wit and Pene-
tration than a Goverr.meiit de-
li reth, that is fo apt to take
Umbrage, and where for Rea-
sons cfitate^ tlie Prz^lls^Monks^
and the People are overrun with
Libertinage and Ignorance.
('^)Obtulerunt mente promp-
tiiTima atqj devota primitias
Domino ad faciendum opus ta-
bernaeuli teflimonii ; quicquod
ad cultum necefflirium erat, viri
cum muliebribus prxbuerunt,
Excd. sc.
(b) Quot'die mane vota po-
pulusofferebat: unde Artifices
venire compulfidixeruntMoyii,
plus o/Fert populus quam necef-
farium eft : ] uffit ergo Mojfes
prxconis voce cantari : Nee vir
nee mulier quicquam offerat
ultra in opere iancauarii'
eo quod oblata liifficerent, 6c
luperabundarent, Exod, 36.
Benefices and Revenues. 151
But where will their Acquifitions end ? or w*]iat
Bounds v>?ill be fet to them ? Vv'ho among them will
^^y. The Teofle have given enough f The Minifters
of the Temple, who made up the 13th Part of the
People, were not capable of receiving or enjoying
anymore than the Tenths (c) : Ours^ ¥/ho arc Icarce
the hundredth Part of the People, poffeis at this
Time* perhaps more than the Fourth.
*
Is it im.pofiible there could be any Inconvenience
in Churchmen's acquiring ad infin'mim^ and if all the
reft of the World were reduced to hold every
thing by Farm ? Among Chriftians, human Laws
have no wiicre let Bounds to any Man's Eftate, be-
caule he who encrealeth it to Day, may alienate to
Morrow. But there is in this Cafe a Circumftance
perhaps without Example, That an Order of Men
perpetual, and which never dies, ihould be always
capable of acquiring, and never of alienating (4J. In
the Old Teftament the Tenths were given to the
Levltesy becaule it was the L O RD's Part (d\
(r) Nil aliud poflidebant, de-
cimarum oblatiore content!,
JV"«w. iS. Oblationes Ifrael
comedent;, & nil aliud accipi-
ent de poflelHone fratrum iuo-
rum. Dent. iS.
(4J The Clergy being a Body
>vhich never di^s, which daily
receiveth Increaie by n-w Do
bi'ity and People bei.n^ the Legs
and ArmSj, grow lean, and
pine in Proportion astheClergy
encreafe. RtfleB:iais fur k traits
de la PcUti^uti dc France,
(d) Accipies, Jaitb Gcd Id
AaroDj de his qux tanftifican-
tur & obiata i'unt I>i>mino- — .
oiiinis oblatio, & quiccjuid red-
nations, and can part with no- ditur mihi, 6: cedit in iani^la
thing again, a Writer of good j lanclorumj tuum erit, & iilio-
Repute illultrates the Matter | rum tuorum. J^nd feme Lims
with faying. That as the Thighs! after y Onmes ps imitias i'andua-
and Arms grow lean when the | rii, <]uas oiferunt filii Ilrael
Belly grows too big, To fares it \ Domino, tibi dedi ^ filiis tuis
with aRepublick, whofe No- 1 jure perpetuo, Num. iS.
and
1^7 Of Egclesiasticai.
^nd therefore they were forbid to take any niore(e) :
A Rule which tlaey, who enjoy the Privileges of
the Levitesy ought to obferve, in taking upon them
Till the Conditions required of them^ and not only
liich as turn to their particular Advantage (5),
{e) In terra iorum nihil pof-
fidebitis, nechabebitis partem
inter eos. And God gives the
Reafon to Aaron* Ego pars> &
hsereditas tua. Becaufe, faith
be:, / a^ *^y fiJf ih -f <^* ^'^^
ihy Inheritance, Ibid.
Non habebttnt Levitae par-
tem & haereditatem cum reli-
quo Urael. • Domlnusenim
ipfe eft hsereditas eorum, D^ut,
18.
(fy) The Senfe of the Author
is, that i^ tlie Ecclefiafticks will
urge the Example of the Xe-
vitest who received the Tenths
of the People of Jfra£ly they
ought like them alfo to renounce
every thing elfe, and cohfe-
quently all ibrt of Acquiiitions 2
It not being irealbn^bie to enjoy
a Priv Hedge withoi^t obferving
the Conditions impoied by him
who gi-antcd it.
CHAP. LIV,
HAving given a large Accoimt how the Church
hath acquired her PoffefTions^ arxl how they
Bave been employ M, it remains that we examine
what became of the Fruits and Revenues which
happen'd to be remaining and undifpos'd at the
Deaths of the Beneficiaries ^ how they were diH
pos'd, and whether the dying Perfon might dill
pofe by Will ^ or if inteilate, to whom thefe Pro-
iits accrued.
While the Goods of the Church were in Com-
mon^ and under one general Adminiftration, it is
certain that all that was found in the Hands of the
Minifter, remained incorporated in the common
Stock, and was manag'd in the lame Method by
^ais Succgifon
■ But
Benefices and Revenues, 155
But when the Benefices were inftitiited, it was or-
der'd at the lame time by the Canons, That whate-^.
ver Eflrate the Beneficiary Ihould leave at his Death^
ihould go to the Church : By the Church, if it were
Collegiate, and had a common Table, was under-
flood the whole Body of the Clergy : But if the
Beneficiary had no Collegues or Brother-profeflbr?,
then by the Name of the Church the SuccefTor was
intended, who was obligM to adminifter thele re-
maining Fruits in the lame Methods as his Prede^
celTor had been : And this Ulage continued until
the Year 1300.
But as it often happen'd, that Beneficiaries had
other Eflates, to which they were either born, or
which they had required by their own Induflry, it
was laid, that they might difpoie of thefe as ab-
ibiute Proprietors by Will *, but not of the Profits
of the Benefice, in cale of Death 0?;. Whence it
came, that the Clergy who had fmall Benefices,
and where the Revenue exceeded not the neceffary
Expence^ difpofed by Will all their own Eftate, and
alfo what they had laved by their own Parcimony
out of their Benefices, reckoning this as an acqui-
red EUate. And there is a Cuftom, which is the
Confequence of this, obferv'd fince in inany Chri-
ilian Kingdoms, that the finall Beneficiaries have a
Power of dilpofing by Will, even the Fruits of
their Benefices •, and that wliere there was no Will,
the next Friends inherit to the Profits, as in the
(a) Epifcopi de rebus pro-^
priis vel acquifitisj vel quicquid
de proprio habent, hseredibus
fills, fi voluerint, derelinquant ;
quicquid vero de provifione Iu3s
ccclefix fuerit, five de agris,
five de fru<ftibus, five de obla-
tionibus omnia in jure Ecclefiae
rel'drvare cenluimus. Can. I'g.
12. .^. I. an. 572, viJe Can, 20.
Cauja ^ q, at, ^ cap. i. extra
de Teftam. BUxamon. CS" Zcna-
ra}?2 aa Can, 22. Ccnc. Cbahe-
dm*
Cafe
254 Of ECCLESIASTICAJL
Gale of an. Inteftate, and as if it were their own
Patrimony.
But whatever the Bifliops left at their Deaths,
belong d to the Churcli (i) by th.Q ancient Canons.
Yet after this, in Ibme Countries the Biiliops ob-
tained a Right of ip2iirmg by Will the Ecclefiaflical
Fruits : Inlomuch that about the Year 1 300. there
were three different Cufloms in Force in different
Countries. The firft^ where no Clergyman could
difpofe. of the Fruits remaining of his Benefice :
Thcfecofidy where thele Fruits were under the fame
Laws and Direftion as their own Patrimonies :
The thirds where the inferiour Clergy could dil-
pole, but not the Biihops^ to which 1 aft whatever
wa^ due went to the Churcli.
in fucceeding Times, when the Occalions for
Money grew more frequent- and urgent, the Popes
fent their OfBcers into all thofe Kingdomes where
the Church had a Cufcom of inheriting to the Goods
of deceased Beneficiaries, to apply them, all to the
Apofioiick Chamber, before a bucceiibr was appoint
ted J which was eafily put in Execution,-^ no Man
being concerned in Interefb to oppofe it, during a
Vacancy, and the Succelfor fatisfying himfelf, as
with a thing done before his Time;
(i) Or rather to til? Succef-
for: For the Can. 22. of the
Council of Chalcedon, forbids
the Clergy to take PofTeiuon of
the Goods of the deceasM Bi-
ihop. By the Can. ncn Iheat
12. ^. 2i The Metropolitan
himfelf cannot difpofe of any.
Non liceat alicui Metropo-
litano mortuo Epifcopo, qui
fub eo eft, aut res ejus, aut Ec-
cleiioe fuse ferre ; fed fint fub
cuftodia CleriEccleflas defunc^ti
Epifcopi, ufq; dum alius ordi-
netur Epifcopus. Si vero CIc-
rici in Ecclefia non fuerint, tunc
Metropolitanus illibata omnia
Ep ifcopo, qui ibi ordinabitur,
redd at. See Balzamon an^
Zonarus upn tbefe two Cancnsy
a77d Can, 48. Cau^, 12. ^. 2,
They
Benefices and Revenues. 155
They then began to appoint iuch Minifters
throughout all Places where they had Authority,
who were call'd Colledors ; and the Eilates which
the Beneficiaries dy'd polTefs'd of, had the Name
of SpoUa given them.
Tho' thele Seizures were made with as little
Noiie as was poliible, yet there beiiig no Law or
Ordinance to juilify them, they could never be put
in Execution without Ibme Murmurs of diQ Heirs
of the Deceas'd, as well as of others -, for wiiich
the rigorous Exadations of the Colleftors and Sub-
colle£tors gave Occafion ^ who, under the Title of
Sf>olla laid their Hands on the very Ornaments of
the Church, and iet up the moft vexatious Inquili-
tions into Titles, declaring which Eftate-was acqui-
red by the Induilry of the Deceased, and which vv^as
Patrimonial, {training every Point, and improving
every Doubt, that mighc tend to prove, that every
thing they found was the Fruits of Benefices. And
when at any time any Qiieftion rcmain'd concern-
ing the Nature and Qiiality of theie Goods, the
Apoftolick Chamber, to which it was reterr'd, Hood
ready with Cenfures and Excommunications to dil-
chargc .upon thole who made Refillancc. : ,
In Fra/ice thQ Guilom hath obtain'd, that "t^e
Spolia of the Biihops and Abbots fiiOuld go to the
Popes : But in the Year 1385. Charles VI. miade an
Ordinance, that their Heirs ihould fiacceed to,|;i^e
Spoliay as well as to the Patrim.oniai Eftates (2)* jf
Y:6t
(2) This Ordinance is to be j Extorfions and Vexaricrs men
feen at length, part,^, 5'fi/. 1 tioned by Bather FauL
Tarlam, tit, 27. Butbecaufecf
its great Length, it will be fuf-
iicient to extraft only io much
as relates to the iniuportable
Quod importabile 6c irratio-
nabileexirtit, licet de jure, uiu
& coniuetudine, cc communi
obfervantia notorie cbiervatis,
Epiijopis-
:^$6 Of EcCLEStASTIGAt
Yet in feveral Countries the Right or Pretenfion.^
to the Sfolia continued to our Times •, wherein the
Complaints againft the Exadions of the Colleftors
grew fo loud, that fome had the Courage to oppofe
them openly, and to deny that the SfoHa of the
deceas'd Beneficiaries belong'd to the Apoftolick
Chamber.
This produc'd a Bull of Po*pe Taul III. in the
Year 1541. which fets forth, ''' That fome Perfons
*' too bufy and inquifitive (3), in order to invade
" and ufurp the Rights of t]\e Apoftolick Cham-
" ber, had rais'd a Doubt, Whetlier the Goods of
*^ Prelates, and other Ecclefiallicks, which are
^^ calFd Spoliaj belong'd to this Chamber, becaufe
'^ there was no Apoftolick Conftitution for that
*'' Purpofe, tho' it is evident from the Inftances of
" Coile^lors fent by his PredeceiTors into io many
'^ feveral Farts to exact and recover them, that it
Epircopis regni noftri teflari ]i-
ceat, 6c in luls teftamentis exe-
cutores ordinare : Qui praedidi
£xe.cutores, aut faltem ipforum
Epifcoporum heredesad facien-
dum reparationes a&dificioriim
Epilcopalium, dum cafus eve-
riunt, per judices, & ofEcia-
lios noftros compelluntur, &
coinpdli confueverunt. Etcum
ita fiat, xdificia & poffefTtones
di(ftorum sediHciorum Epilco-
palium in ftatu non deformi
permanebunt omni ruina caren-
tes. At nunc, cum Hpilcopum
in regno noftro ab hac luce mig-
rare contingit, Coll?ftores aut
Sub-colle<ftores lummi Ponti-
£cis autoritate, bona mobilia,
immobilia, ex deceifu talium
Epifcoporum reli(5^aj ctiam Ula^
tjuse per fuam induftriam qux-
liverunt, quae amp ius ipforum
Epifcoporum, neq; cenfentur,
fed ad fuos heredes, aut eorum
Executores ljpe<ftantj capiurit
Notum igitur faci-
mus, CS'c.
0) Is not this a very juftlfi-
able Ciiriofity, when it relates
to fuch exceiiive Claims and
pretentions.
Ihe Court oCRowe hath ex-
acted ib much, that at laft the
World hath been provok'd to
ask by what Right : And the
Attempts of the Popes have
often obliged the Princes to em-
ploy their Arms, and the Lear-
ned their Pens, to juftify thoia
Arms,
£(
hath
Benefices and Revenues. 157
^^ hath always been the Intention of the Popes to
'^ refervdand appropriate them to the Chamber.
** And therefore he willed and declared, That the
" 5/?^//^ of the Clergymen deceas'd, or which fhould
*' die hereafter, in all Kingdoms and Eftates what-
•* ibever, on this fide, or beyond the Mountains or
" Seas, even in Parts where na Collectors had ever
*' yet been appointed, iliould belong to the Apollo-
'^ lick Chamber (4).
f4) Cum a nonnuTlis r.Imium
ciiriofiSj qui jura CamerJe Apo-
flolicae uiiirpare, ac Cameram
praefatam illis defraudere vel-
lent, in dubium redigatur, an
res & bona, fpolia nuncupat i?
prselatorum, ccterarumq- pcr-
Ibnarum EccleJlafticarum, Cc-
cularium & regalariuni, tem-
pore obitus iplbrum remanen-
tia, ex eo, qirod Rom. Pontiiici
& Camerae praefatae relervara
fore, aliqua general! apoilolica
conftitutione forfan pon carea-
tur, ad Cameram praedi^am
jure legitime fpedare, & perti-
jiere debeant.
Nos, etfi I'atis evident cr con-
ftet & appareat, praedeceflbrum
jioftrorum Rom. Pontiiicum, &
noftram indubiam intentionem,
& voluntatem temper fuille, ut
Ipolia hnjufmodi ad diftam
Cameram fpciftarent ^ pertine-
rent, <:^ quod pro eadem Ca-
mera exigerentur, & recupera-
rentur, cum prxdetefTores praa-
fati diverlbs dic^oruiii fpoJio-
rum, ut ad Cameram fpeclan-
tium, Ck pertinentiiim, collec-
foreis, ^: exaftorcs in variis
prov^'ndis v:^: ioi;;.sdeput^erint
& conftituerint, ' & nos deputa-
verinius, conftituerimus : Ac
itniper de illis di(5li prsedecef-
(bres perplerafq; literas, tan-
quam de rebus ad Cameram
pertinentibus donando vel tmnt-
cendo, difpofuerint, &: nos dif-
pofucrimus dubium hu-
julmodi enucleare, ac in prsemif-
Cis opportune provider! volente
motu proprio, & ex certa no*
iha. fcientia, ac de apoftolicae
poteftatis plenitudine declara-
mus res & bona bujufmodi,
fpolia nuncupata, in quibulvis
regnis ac dominiis, tarn citra,
quam ultra montes & maria
conliftentia, quae pro tempore
poft obitus Praelatorum, & per-
lonarum quomodolibet quajiii*
catarum, ctiam Cardinalatus
bonore fulgentium, qui vel
nullo condito teilamento, vel
abfq; rufiicienti facultate con^-
dito, deceflerunt, decedent,
remanferunt,' remanent, d^ re-
manebunt, ^c, fpeaaile & ipec-
tare, illaq; tanquam ad Came-
ram ipfam fpeitantia perpctuo
coliigi & recuperari potuiile &
pofle, atq; debsre. 7 Z^scret,
III;, 3. tit, 2, cap. U
s
Thus
7<^^ Of Ecclesiastical
la^ao-q-'^v.
•fTMis^tfe Over-;zeiiI of Ibme Perfbns, in attempt-
5ng to let a fevy Provinces at Liberty Item fiich a
Grievance, hath broijght the Impofition to be chal-
lenged over the whole Univerle ^ tho"* it has not
Jiitiierto been dravyn into Practice any further than
in Places where it h3,d been already admitted. But
this hath been all along the conftant Courfe of this
Affair, the Popes have iffued their Bulls, but the
ISIoile they make in -the World, and the Alarm Men
take at the Novelty, make the E>;ccution be ful^
pended for lome Time, and until a more flivourable
Opportunity : When that happens, they fall to
execute the ijulls with the Hune Rigour, Exa£l:nets
of Ceniiires, and other Severities, as if the Bulls
had taken Effed at the Time of their Publication,
and had only been dilcontinued through the Ma-
lignity of ibme ill aftc&d Pericns^/j^;.,:,^ V. '^'^^^^^^
-Until the Year 1 5 do. the Spoita^ coniprthtn<i&i
only what remain'd of the Ecclcfiaftical Revenues
at the Death of the Clerk or Incumbent. This
Year Pope Fius IV. publiili'd a Bull, in which he
declar'd, *' That under the Name of 5po/z^, which,
*^ throughout all Countries and Doniinions,through-
^^ Out thQ World, belong to the Apoftolick Cham^
"berj, vvere comprehended all whatlbever apy
*- Clerk or Ecciefiaftick had acquirM, or ihculd
f^ acquire, by any VVays or Dealing, or Commerce
^f unkwi^ul, or in any other Manner contrary to
'^■^ the Canons. (5)"--' Which is very.coir.prehenlive.
f <> ^ti'bianqrihptllisi^ejtatur:
in dtti-nitm^ an r^s,' &~ l)cfpapcr
C !eri':ds^''etbTn in laciris ordi-
T*ibus coniHtuUs, ex ne^otia-
III I ■ lyiiaii n I iiT|HTiTiri ^iri; i-iiiiiii^
iacros C'lnQiies acquiHta, uti
ipolia, : yp\ alia ad Canieram
prsefatam jure legitijnb fpeftars
Benefices and Revenues. 159
Again, by the Canons the Clera;y are prohibited
many Sorts of Plays, and litde Trades and Ways
of Livelihood and induftry ; by which they make
great Advantages, and from whence the Chamber
will draw great Revenue?, if the Bulls concerning
the SpGlia ilioiild ever gain Admittance in one half
of /r^/y, where they have never yet been put in
Execution, orinGermanyy France ^ and other King-
doms and States, where they have never yet been
admitted. Belides that in the Kingdoms ofCaft-ihy
by a Law of the Emperor Charles V. and Philip IL
all the Clergy of thofe Kingdoms were exempted
from this Impofition.
The Canonifts found the Right to t\\z SpoUa^
chiefly upon this AlTeition, Th<it the Pope is' the
real Proprietor of all Ecclefiaftical Revenues -^ but
thofe who ipeak with moft Modeily fay, He is
only Adniiniftrator of thcni.
By whi cii' Doctrine the Parties concern'd have
flid into a Pmdicc of much Convenience, whic'li is^
That if any Man have v/rongfiiiiy poifefs'd him-
ihit^ of any ,iieneiicc, or committed any other Rob-
-i'^^u iO Ju;, ; ' i- .,,.'. . :.
& pertinere clebeant. Nos oiri-
neiii defupef baifitationis mate-
i'iam fuhmoverej ^ maiitiiseor
rum, qui jura cl,i#3s Camer^e
•u liirpa r e 1 atagunt j o b v i a re ,
aiia'.q; in prs&miiTus opportune
providere volentes, motu pre-
prio, & ex certa noilra icien-
tla, ac de apoftolicse poteftatis
pkiiitudine, decwrnimus & de-
claramus, omnia ^ lingula, res
— "-& bona, ciijulcunq; qualitatis
^ & quantitatis exiftentiaj ac in
^^""qulbulvis reglonibu-s, & regnis.
^'^ a^'dominiis^ tarn
tia, per quoI'Vis -(l^lericos tarn
Secularcs, quam-RegulareSj ^c.
ej^ negctiatione illicita, aui
aliasj contra (acros canones qixo-i
niodplibet acqulfita, ad; eaai-
dem ' Gaiiieraiii 6* non alios,
etiam In quibuU'^s Cfet?hedr^ii-
bus etiam Mei.rqpolitanis> oc
Collegiatis) 'ac'aifis Ecclefi:^-.,
Monaileriis, Hor^italibus, M:-
litiis (&c. iucceiiores (pecTrarc,
ac lUb nomine ipoliorum venire,
UTaq-'utl "fpolla^ ad Camer:ir4
.peitineniiajpirpctuOi colligi po-
citra quam.uKi'tuiiie, poile, ac.aebej
iilJ0.5!3a
tjc^y
26o Of Ecclesiastical
theX£iS"r?' ^u ''''? ^° ^" ABrc<:m<^nt with
uie /ipoitohtic Chamber to eive fiicii a Pivt- K,r
Sb inJ ^ ""^ ?" '\' ''^*' ^"'l '"^y lawfully rc-
Sltef/ »^.:-^s own ; (eeinj the Poje is
either Jfolue Proprietor, orxniiverfkl Adminiftra-
ALflvf^l'' 'f-'=a"d. Compounding with the
e£^d .^^'"f'^' ^^°'^ P^"'^^ is tl„shapiS?y
fc'' co,l'-;?f '^°f ^^^°^''" Confc-ences are either
enb^^ ?'.,''' H^eanyQimhn about them of
lo^wh^ "^ ^"'"'^S that is not tJ.cir own, but know
to tfi?rir ?'^' R^ftiff 'on, n^ayhav'e Recouri?
^0 tp'^.f.fiWpoiitjon m Relief of all their Scruples
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